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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents