Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-10-21-Speech-1-112"
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"en.20021021.8.1-112"2
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".
Mr President, ladies and gentlemen, I first wish to congratulate the rapporteur, Mrs Cederschiöld, who has studied this matter, to which she has dedicated considerable energy and commitment here in Parliament.
As she points out, hacking, viruses and denial of service can have very serious consequences, both as a result of individuals acting in their own interests and as part of organised crime or terrorism. The Commission proposal aims to approximate criminal offences of unauthorised access or illegal interference with information systems and follows consultation with professional sectors and with the authorities responsible for implementing the law, as well as discussions with experts in the European Union forum on cybercrime.
The Commission is seeking to establish a degree of approximation in legislation at European level, but which is in line and coherent with the Council of Europe Cybercrime Convention of November 2001. Article 3 of our proposal defines unauthorised access to an information system as an offence. What we are attempting to do is to punish hacking. Such unauthorised access must be punished when perpetrated against an information system that is subject to specific protection measures or with the intent to cause damage to a singular or collective person, or with the intention of obtaining economic benefit.
Equally, we are making illegal interference with information systems a crime, thereby addressing the issue of attacks by means of viruses and denial of service as well as the disruption of websites. The Commission proposal requires all offences to be committed in an intentional and unauthorised way and focuses above all on serious cases, the criteria for decisions on which must be decided on by the judges of the courts in each Member State. The proposal caters for aggravating circumstances and also seeks to force Member States to designate operational points of contact, available around the clock and seven days a week, with a view to facilitating the exchange of information on attacks against information systems.
The Commission considers that the rapporteur is entirely right to emphasise that the actions to be punished should not be considered to be insignificant or minor. Recital 12 of the Commission proposal therefore suggests that we must avoid excessive criminalisation, particularly for behaviour which is not very serious or which is even insignificant. The Commission agrees, for example, with the proposal for an amendment tabled by the rapporteur on this issue.
With regard to the issue of data protection under the third pillar, we are working on this matter, but I would like to ask Parliament not to suspend implementation of this proposal for a framework decision until there is a specific instrument to protect data under the third pillar. Instead, I think that specific reference must be made to respect for the principles established in the Council of Europe Convention on Data Protection, which must be fully complied with in this field of the framework decision’s implementation. As a matter of fact, this was the solution adopted for the issue of the sexual exploitation of children and child pornography. I wish to thank the rapporteur once again for her contribution to this important debate which, I believe, has been much hoped for by public opinion in the Member States."@en1
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