Violation of Fundamental Rights Through Cyberattacks – Legal Analysis and Applicable Framework

In the context of increasing digitalization, cybercrime has become a growing threat to fundamental rights. From unlawful collection and distribution of personal data to attacks on digital identity and property, modern cyberattacks cover a broad range of offenses that breach both national and international law.

1. Violation of the right to privacy
   Unlawful collection, processing, and distribution of personal data (names, ID numbers, addresses, financial and health data) violate:

• Art. 32 of the Bulgarian Constitution;

• Art. 8 ECHR;

• Regulation (EU) 2016/679 (GDPR).

Relevant examples include phishing, identity theft, and unauthorized access to personal accounts.

2. Infringement of the right to property
   Cyberattacks involving bank account draining, transfer of crypto-assets, or fraud via fake merchants violate:

• Art. 17 of the EU Charter of Fundamental Rights;

• Arts. 209 ff. CC (fraud);

• Art. 212a CC (document fraud using digital identity).

3. Violation of dignity and personal integrity
   Sharing intimate images or videos without consent constitutes a breach of:

• Art. 32 Constitution;

• Criminal Code provisions on defamation, threats, insults;

• Domestic Violence Protection Act in cases of cyberstalking.

4. Restriction of freedom of expression and digital identity
   Hacking accounts and posting as the victim violates:

• Art. 39 Constitution;

• Art. 10 ECHR;

• Computer crime provisions (Arts. 319a–319d CC).

5. Data security breaches (ransomware attacks)
   Encrypting personal data and demanding ransom for access violates:

• Art. 17 EU Charter;

• Arts. 319b and 319c CC.

Conclusion:
Cyberattacks are not only technological but also legal challenges with multilayered implications. They directly infringe constitutional, civil, and European rights, requiring effective legal, institutional, and judicial responses, along with improved legal culture in digital security.

If you or a relative are a victim of cybercrime, it is best to consult a criminal law attorney. This article does not constitute legal advice or opinion from Atty. Mihail Tomov.