Accused person: clarify the allegation and file first.
Do not give a spontaneous explanation before the object, alleged conduct and evidence are known. From a lawyer’s perspective, defence starts with file access and a structured chronology.
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Telecommunications secrecy under section 119 StGB in Austria
Section 119 StGB: telecommunications secrecy, messages, chat or e-mail access and first procedural steps.
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Mag. Christopher Angerer, Rechtsanwalt
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14 August 2026 · Mag. Christopher Angerer, Rechtsanwalt
Reading, forwarding or technically accessing messages intended for someone else can raise section 119 StGB issues in Austria. The offence protects telecommunications secrecy and must be separated from general cybercrime and state surveillance.
This article explains from a lawyer’s perspective when section 119 StGB becomes relevant, which access situations are typical and why both accused and affected persons should first organise the evidence.
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Quick assessment
Which question should be clarified first?
The first reaction depends on the precise allegation.
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Which situation fits best?
For section 119 StGB, object, access, authority and intent must be separated.
All paths at a glance
Overview of all answers.
Prepare file access →
Affected person: secure evidence and define the aim.
Secure documents, messages and witnesses. Then assess whether a complaint, surrender request or another procedural step is useful.
Evidence: keep the original context.
Messages, devices, cards, documents or vehicles should not be changed. The original context may later be decisive.
Context: separate authority and role.
In family, business or shared access situations, much depends on who was authorised to do what and what the person knew.
Elements and protected interest under section 119 StGB
Elements and protected interest under section 119 StGB
Section 119 StGB concerns unauthorised access to the content of a message not intended for the person acting. The focus is on communication content, not every file stored on a device.
The decisive questions are which message was involved, who the intended recipient was and how access allegedly occurred. Shared devices, business mailboxes and family accounts require a careful authority analysis.
From a lawyer’s perspective, the offence must be kept distinct from general IT access. Looking at an unlocked device is not automatically enough.
Evidence involving chat, e-mail and message access
Evidence involving chat, e-mail and message access
Important evidence includes chat histories, e-mail headers, logins, device access, forwarding, screenshots and witnesses on password handling.
Technical traces can incriminate or exonerate. Automatic synchronisation, a shared account or earlier consent may change the assessment.
Affected persons should preserve original data and not rely only on screenshots. Accused persons should not explain the access technique before file access.
Distinction from cybercrime and state surveillance
Distinction from cybercrime and state surveillance
The existing article on message surveillance concerns state measures in criminal proceedings. Section 119 StGB instead concerns private or business access situations.
The cybercrime hub is broader. It covers hacking and data offences generally. This article focuses on the content of messages intended for someone else.
Seizure of devices may become relevant later. Then procedural rights, records and data scope must be assessed separately.
First steps after a complaint, allegation or access
First steps after a complaint, allegation or access
Accused persons should first identify the concrete message and alleged access. A broad statement such as “I was allowed to read it” is usually not precise enough.
Affected persons should document timing, communication channels and existing evidence. Data should not be altered and the chronology should remain traceable.
From a lawyer’s perspective, early structuring decides whether the matter is a communications offence, a broader IT issue or merely an authority dispute.
Overview
Assessing section 119 StGB correctly
The first review concerns message, recipient, access and intent.
| Point | Meaning | First question |
|---|---|---|
| Message | Communication content | Which message is involved? |
| Recipient | Not intended for the person acting | Who was allowed to read it? |
| Access | Technical or factual | How did access occur? |
| Intent | Conscious conduct | What did the person know? |
Important: Do not alter chats, e-mails or devices. Preserve the status and wait for file access before giving a statement.
Frequently asked questions
section 119 StGB: key questions.
What does section 119 StGB protect? +
It protects the content of messages intended for someone else against unauthorised access. Message, recipient, access and intent are decisive.
Is reading a chat always a criminal offence? +
Not automatically. Authority, device, account, consent and the concrete message must be assessed in the individual case.
What should I do first after an allegation? +
Do not give a spontaneous technical explanation. File access, device access and the communication chronology should be reviewed first.
Topics
section 119 StGBtelecommunications secrecymessageschate-mailcriminal proceedings
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