Legal Updates

Data Protection – Security – New Legislation – EU Framework Decision

The European Union (“EU”) has adopted the Framework Decision, which is intended to fight against serious attacks against information systems. In particular, the legislation seeks to contribute to the fight against organised crime and terrorism and to police and judicial co-operation across Member States in relation to criminal offences of attacks on communication systems.

The Framework Decision does not require Member States to criminalise minor conduct nor affects privacy and data protection rights and obligations. Rather, the legislation seeks to harmonise criminal offences in relation to attacks on computer systems and data.

All the criminal offences covered in the framework decision need to be committed with intent.  The three offences covered are:

â–ª     illegal access to information systems;

â–ª     illegal interference with information systems; and

â–ª     illegal data interference.

Penalties for these offences will be between a maximum of 1 and 3 years imprisonment. A Member State will have jurisdiction where the offence is committed in whole or in part on its territory or the offender is a national of that Member State.  EU Member States must implement this legislation by June 2007. The Framework Decision is binding on all Member States but each member has discretion as to how to achieve the legislation requirements.

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© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.