Criminal judicial cooperation: attacks against information systems and communication networks. Framework Decision

PURPOSE: to approximate the laws on attacks against information systems.

LEGISLATIVE ACT: Council Framework Decision 2005/222/JHA.

CONTENT:  The Council adopted a Framework Decision on attacks against information systems.

The objective of this Framework Decision is to improve cooperation between judicial and other competent authorities responsible for law enforcement in the Member States, by approximating rules on criminal law in the Member States in the area of attacks against information systems and ensuring that such attacks are punishable by effective, proportional and dissuasive criminal penalties in all Member States.

The specific crimes covered by the Directive are:

1) Unauthorised access to information systems (hacking).

2) Disruption of information systems (denial of service).

3) Execution of malicious software that modifies or destroys data.

4) Interception of communication.

5) Malicious misrepresentation.

Member States are required to take the necessary measures to ensure that illegal access to an information system and interference with the integrity of an information system or of its data are punishable as criminal offences.

Given that information systems are the subject of attacks, particularly from organised crime, and the increasing potential for terrorist attacks against information systems which form part of the critical infrastructure of the Member States, a response at the level of the Member States is required to avoid compromising the achievement of a safer Information Society and an Area of Freedom, Security and Justice.

ENTRY INTO FORCE: 16/03/2005.

DATE OF IMPLEMENTATION: 16/03/2007.