Criminal Responsibility for Breaking Information Security in Telecommunicationsby QArea Team on February 20, 2006
On January 12, 2006 – Parliament of Ukraine introduced criminal responsibility for breaking information security in telecommunications networks.
This issue was passed by Parliament of Ukraine within Decree No. 7183 “On introducing changes to specific acts of legislation of Ukraine (in regard of protection of personal human and citizen rights and freedoms)”. The Decree introduces respective modifications to Penal Code and Administrative Violations Code.
Thus, the Decree envisages punishment in the form of penalty of 100 to 300 tax-free allowances of inpiduals, or correctional labor for a period up to two years, or restriction of liberty up to 5 five years, or imprisonment up to three years in case of violating privacy or safety of correspondence, telephone conversations, wire correspondence or information system.
Besides, the Decree establishes responsibility for illegal/unauthorized collection, keeping, usage or distribution of personal information without inpidual’s consent in case such activities have been assumed by wireless carrier’s or another telecommunications system’s representative or with their privity.
Apart to that, the Decree specifies definitions for Security, Information System, and Telecommunications Networks. The Decree envisages that as an administrative violation will be considered an act of a wireless carrier breaking telecommunications systems information security resulting in a revocation of their license and imposing a penalty.
This Decree is issued within the Ukrainian state initiative to implement a range of proposals that would bring Ukraine’s legislation closer to EU and US legislation norms. It is reported that the Presidential Council of National Security and Defense of Ukraine is ready to introduce its range of proposals intended at reinforcement of information security in Ukraine. These proposals are aimed at human rights protection in the part of special confidential communications, firm counterstand to interference into person’s privacy through telephone eavesdropping, public control in the sphere, etc.
Another Decree prepared with the participation of the Presidential Council of National Security and Defense of Ukraine is named “On Observance of Human Rights at Operational Procedures of Law-Enforcement Services”. As it was said by the head of the Council Anatoliy Kinakh: “It is the first serious step towards building an efficient system to guarantee Constitution rights of citizens of Ukraine in inviolability of housing, privacy of correspondence, privacy of telephone conversations, wire and other correspondence, non-interference into private life at operational procedures.”
These legislative initiatives are to prevent possible illegal practices similar to ones existent during the previous cadence when there existed mandatory requirements to wired and wireless carriers providing services to state bodies, and vested by the Decree of State Committee on Communications and Informatization of Ukraine No. 122 dd June 17, 2002. Among that Decree requirements was installing monitoring equipment although legislation of Ukraine does not provide for the possibility of information monitoring and restricts the right for human’s privacy of correspondence.
Such illegal/unauthorized monitoring caused the Security Service of Ukraine to obtain full and uncontrolled access to Internet’s information traffic, including confidential data and personal correspondence.
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