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Breach of official secrecy under section 310 StGB: files, data access and criminal risk

Section 310 StGB: official secrecy, files, data access, disclosure of information and defence in Austrian criminal proceedings.

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29 July 2026 · Mag. Christopher Angerer, Rechtsanwalt

The allegation of breach of official secrecy under section 310 StGB is not limited to handing over physical files. Data access, internal information, conversations or official documents can also become relevant in criminal proceedings.

For suspects the first questions are which secret is meant, what official role existed and whether disclosure can actually be proven. This post provides general information and does not replace file review.

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Overview of all answers.

Secret, official role and section 310 StGB

Section 310 StGB protects official secrets. In criminal proceedings it is therefore not enough to say that information was internal. It must be clarified whether disclosure of a protected secret is alleged and which duty applied to the suspect.

In practice, file extracts, register queries, internal notes or information from pending proceedings are often at issue. Defence checks whether there was an official purpose, who had access and whether disclosure to an outside person is proven.

The distinction from abuse of office, corruption or purely data-protection issues matters. Section 310 StGB focuses on secrecy, disclosure and intent.

Data access, file access and proof

Electronic systems often store access records, times and user IDs. These data can incriminate, but also exculpate if they show an official purpose or other possible access.

Not every mishandling of information is automatically criminal. Content, secrecy quality, recipient circle and subjective intent are decisive.

From a legal perspective, logs, responsibilities and internal instructions should be secured early. They can show whether access was work-related or whether the alleged information flow is inaccurate.

Coordinate statement, service law and consequences

Suspects should know which specific information is meant before making any statement. General explanations about official duties rarely help if the allegation in the file is unclear.

Service-law measures, suspension or internal investigations may accompany the criminal case. Defence must therefore consider both the criminal file and the official context.

A written response can be useful if it is based on file access, access logs and a coherent chronology. Spontaneous attempts to explain without documents are risky.

Overview

Assessing official secrecy under section 310 StGB

The allegation depends on information, duty and proof.

Breach of official secrecy under section 310 StGB: files, data access and criminal risk
Level Überblick Key question
Information protected secret Did the information require secrecy?
Role official duty What task did the person have?
Proof access or disclosure What is technically and file-based proven?
Intent knowing disclosure Did the person know about secrecy and disclosure?
Process

Four steps in an official-secrecy allegation.

Defence starts with the file and technical trace.

  1. 01
    1
    immediately

    Narrow allegation

    Identify information and recipient.

  2. 02
    2
    early

    Secure access data

    Check logs and permissions.

  3. 03
    3
    before statement

    Clarify official purpose

    Document task and reason.

  4. 04
    4
    before deadline

    Plan response

    React only after file access.

Important: Do not explain data access or file access from memory. Logs, permissions and official purpose should be reviewed first.

FAQ

Official secrecy under section 310 StGB: key questions.

Is every internal item of information an official secret? +

No. Secrecy character, official duty, recipient circle and the concrete disclosure are decisive.

Is data access automatically criminal? +

No. Access may have an official purpose. Reason, permission and later use must be checked concretely.

Is this post advice in an individual case? +

No. It provides general information. The concrete assessment depends on the file, allegation and evidence.

Related topics

You might also be interested in

Abuse of office under section 302 StGB

Further guidance on classification and the next step.

Corruption in public office

Further guidance on classification and the next step.

Impersonating an authority

Further guidance on classification and the next step.

File access under section 51 StPO

Further guidance on classification and the next step.

Topics
official secrecysection 310 StGBofficial offencesdata accessfilessuspects

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