of February 3, 2009 No. 20
About the prevention and fight against crime in the field of computer information
The Parliament adopts this organic law.
This law regulates the legal relationship connected with:
a) the prevention and fight against crime in the field of computer information;
b) system of mutual assistance in the field of the prevention and fight against crime in the field of computer information, protection and assistance to service providers and users of computer systems;
c) cooperation of bodies of public management with non-governmental organizations, other representatives of civil society in activities for the prevention and fight against crime in the field of computer information;
d) cooperation with other states, international and regional organizations, competent in the field.
For the purpose of this law the following basic concepts are used in value:
computer system - any device or set of the interconnected or adjacent devices, one or several of which, being effective according to the program, perform data automation;
computer data - any fact view, data or concepts of the form suitable for processing by means of computer system, including the programs intended for accomplishment by computer system of these or those actions;
the service provider - any government or private institution providing to users of the services rendered by it opportunity to exchange data by means of computer system, and also any other structure performing processing or storage of computer data on the order of the communication service or users of its services;
data on information flows - any data connected with transactions on information transfer by means of computer system which are generated by the computer system which is link of the corresponding communication chain and specify source, appointment, route, time, date, the size, duration or type of the corresponding network service;
data on users - any information on his subscribers which is available for the service provider in the form of computer data or any other form, except data on flows or contents of information by means of which it is possible to establish: type of the used communication service, the measures of technical supply taken for this purpose and the period of rendering service; the identity of the subscriber, its postal or geographical address, phone number and any other contact number, data on the bills which are made out it and the payments made by it which are available in the agreement or the service agreement; any other data on installation site of the communication equipment which are available in the agreement or the service agreement and also any other data which can lead to identification of the user;
security measures - application of procedures, devices or specialized computer programs by means of which access to any computer system is limited or prohibited for some categories of users.
The prevention and fight against crime in the field of computer information are based on the following principles:
a) legality;
b) observance of basic rights and human freedoms;
c) efficiency;
d) inevitability of punishment;
e) computer safety and personal data protection;
f) complex use of preventive measures: legal, social and economic and information;
g) social partnership, cooperation of bodies of public management with the international organizations, non-governmental organizations, other representatives of civil society.
(1) Ministry of Internal Affairs and Service of information and safety:
a) constitute and constantly staticize databases about crime in the field of computer information;
b) parts dispose based on the order issued by the division manager, specializing in prevention and fight against cybercrime on restriction of access to web pages in stipulated in Item e 1) of part (1) articles 7 procedure, and also about the termination of transfer to network of electronic communications or storages of the on-line content placed or provided by service providers of hosting or suppliers of content by its removal from source according to the procedure, stipulated in Item h) (1) Article 7.
(2) Ministry of Internal Affairs:
a) holds special events for search, criminal prosecution, for international cooperation, for identification of persons who committed crimes in the field of computer information;
b) disposes based on the order issued by the division manager, specializing in prevention and fight against cybercrime on immediate preserving by the service provider computer data or data on information flows concerning which there is danger of destruction or damage, in case of requests from competent authorities of other states transmitted through the contact Item available 24/7, according to Article 10.
(3) the Service of information and safety performs activities for prevention and fight against the cybercrime posing threat for state security and also for identification of bonds of the international criminal organizations.
(4) Prosecutor General's Office:
a) coordinates, directs and performs criminal prosecution according to the procedure, provided by the law;
b) disposes, within implementation of criminal prosecution in connection with the appeal of criminal prosecution authority or on own initiative, about immediate preserving computer data or data on information flows concerning which there is danger of their destruction or damage, according to the criminal procedure legislation;
c) brings on behalf of the state charge in degrees of jurisdiction according to the procedure, provided by the law.
(5) the Ministry of Economics jointly with Service of information and safety is represented by offers on ensuring protection and safety of computer data.
(6) the National institute of justice provides professional enhancement of the personnel involved in implementation of justice in the field of fight against computer crime.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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