Strengthening legislation on Cybersecurity and Cybercrime Legislative gap analysis on cybersecurity and cybercrime The Ministry of Information, Communications, Transport and Tourism Development (MICTTD) together with the Kiribati Police Service (KPS) and the Office of the Attorney General (OAG) will carry out an assessment of existing legislation addressing Cybersecurity and Cybercrime. This shall include the following areas of law: privacy and data protection, national security, ecommerce, freedom of information, admissibility of electronic evidence, liability of Service Providers (SPs), Children Online Protection and International Co-operation. The review shall include the identification of existing provisions that could be utilized in relation to Cybersecurity, a comparison with international best practices, a gap analysis, suggestions for amendments and the related drafting instructions. If considered useful the assistance of international organizations active in this field to carry out the assessment and comparative analysis shall be requested. The results of the assessment and analysis, complimented by recommendations for amendments/improvements shall be submitted to parliament after endorsement from Cabinet. Priority should be given to the topic Cybercrime. An analysis shall include the following topics: definitions, substantive criminal law, procedural law and investigation Kiribati National Cyber Security Strategy 2020 instruments of law enforcement, criminal liability of Service Providers and international cooperation. Legislation that supports international cooperation in combating cybecrime The government recognizes the truly international dimension of cyber attacks. To ensure that Kiribati’s legal framework and practice is fully in line with international best practices in relation to international cooperation Office of the Attorney General (OAG) and the Ministry of Foreign Affairs and Immigration (MFAI) will analyse the capacities of Kiribati to efficiently submit requests for mutual legal assistance as well as timely respond to requests submitted to authorities in the country. A report about the findings and recommendation for improvements shall be submitted to parliament after endorsement from Cabinet. KiribatiCERT will make recommendations with regard to a potential access to international or regional agreements, current processes of developing binding standards where Kiribati should participate, as well as 24/7 networks (such as the Interpol Network). With regard to the evaluation of an access to existing instruments the relevance for Kiribati, the reflection of legal standards and cultural specifies as well as the usefulness in cooperation with other countries shall be taken into consideration. KiribatiCERT will seek membership of Regional and Global CERTs as required. 9