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Cybercrime
The
Criminal Damage Act, 1991 creates a number of criminal offences
under Irish law concerning access to computers and damage to data.
It is an offence to damage intentionally or recklessly computer
data and computer programmes or to threaten to do so or to possess
anything with the intention of doing so.
Additionally, it is an offence to access data without proper authorisation.
This is more commonly known as computer hacking. This activity constitutes
a criminal offence when it is carried out by an insider, for example,
an employee or from the outside by someone who has no legitimate
connection with the data system, even if this person is outside
of Ireland.
The Act is not without its shortcomings. The pace of technological
change has unfortunately shown up its limitations. There are a number
of computer related activities which are capable of causing massive
disruption, which are possibly not covered under the criminal sanctions
contained in the Act. One of these potential loopholes is what is
termed a "denial of service attack". For the purposes
of the Act, it is difficult to classify such attacks as either damage
to data within the meaning of the Act or unauthorised access to
data.
The Electronic Commerce Act, 2000 also introduced a number of offences,
mainly relating to the misuse of electronic signatures and signature
creation devices.
The Criminal Justice (Theft & Fraud Offences) Act, 2001 makes
it an offence to dishonestly operate or cause to be operated a computer
with the intention of making a gain for oneself or for another,
or of causing loss to another person. Certain sections of this Act
commenced on the 19th December, 2001. With effect from the 1st August
2002 the remaining sections of the Act commence, making it a criminal
offence to unlawfully use a computer.
Although
no prosecution has been brought to date, Section 22 of the Data
Protection Act 1988 makes it an offence for a person to obtain personal
data without the prior authority of the data controller or data
processor by whom the data is kept and to disclose that data to
another person.
On
the 19th April 2002 the EU Commission issued a Communication on
"Creating a Safer Information Society by Improving the Security
of Information Infrastructures and Combating Computer Related Crime".
The Communication recognises the call by the European Parliament,
for commonly accepted definitions of computer related crime and
for the effective harmonisation of legislation, particularly substantive
criminal law across the member states of the EU. The Communication
aims to focus the discussion on the need for and the objectives
for improving the security of information infrastructure and combating
cyber crime in accordance with the commitments of the EU to respect
fundamental human rights.
For further information or general enquiries contact: -
Patrick Ryan
Email: pryan@kilroys.ie
Telephone: +3531-439 5600
Fax: +3531-439 5601/439 5602
© Kilroys Solicitors 2002 - 2003
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