Cybersecurity guide for developing countries
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the absence of appropriate categories, in some jurisdictions;
the inadequate definition and transient nature of most IT-related evidence.
For all of these reasons, the legal system remains ineffective in the context of the internet.
Furthermore, just as there are tax shelters, so there are legal safe havens. The proliferation of
computer-related crime is not necessarily a sign that there are not enough laws. Existing laws already
cover many of the activities of IT criminals and hackers.
What’s illegal offline, is also illegal online
New legislation, born of the need to define a suitable legal framework adapted to the use of new
technologies, is needed to complement many of the existing laws, which, of course, also apply in
cyberspace.
It is not enough to strengthen legislation, if the means to apply it are not there. A law is of little use if
law enforcement is not up to the task of gathering and analysing evidence and identifying and
prosecuting the perpetrators of criminal acts. If hackers are confident that they will escape punishment,
that is proof that the law is ineffective.
I.2.9.3
Combating cybercrime while respecting digital privacy: a tricky compromise
The means needed to combat the growing international scourge of cybercrime require a legal
framework that has been harmonized at the international level and can be applied effectively, along
with the means for true international cooperation at the level of the police and justice authorities.
National governments have important responsibilities in ensuring cybersecurity. This is particularly
true for the definition of the suitable legal framework, i.e. one that is uniform and applicable, for the
promotion of a security culture that will respect individuals’ right to digital privacy while
strengthening efforts to combat cybercrime.
The struggle against cybercrime must have as its principal objective the protection of individuals,
organizations and countries, bearing in mind the fundamental principles of democracy.
The tools used to combat cybercrime are potentially inimical to human rights, and may undermine the
privacy of personal information. Security requires surveillance, verification and profiling. Checks and
balances are essential if abuses of power and of position are to be prevented, the temptation of
totalitarian methods resisted, and respect of basic rights guaranteed, including the right to
cyberprivacy and the protection of confidential personal information.
In addition to the European directive of 1995, other laws for the protection of personal information
have been on the books in various countries for a number of years:
Germany:
Law of 21 January 1977
Argentina:
Law on the protection of personal information, 1996
Austria:
Law of 18 October 1978
Australia:
Law on privacy, 1978
Belgium:
Law of 8 December 1992
Canada:
Law on the protection of private information, 1982
Denmark:
Law of 8 June 1978
Spain:
Law of 29 October 1992
United States:
Law on the protection individual freedoms, 1974; Law on databases of private
information, 1988
Finland:
Law of 30 April 1987
France:
Law on information technology and liberty of 6 January 1978, amended
in 2004
Greece:
Law of 26 March 1997
Hungary:
Law on the protection of personal information and the communication of
public information, 1992
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Cybersecurity