Views on cybercrime sought

July 20, 2022

(To watch the full press conference with sign language interpretation, click here.)

 

The Law Reform Commission launched today a three-month public consultation on addressing cyber-dependent crimes. Members of the public are welcome to offer their views by October 19.

 

The consultation paper made preliminary proposals for law reform in order to address the challenges to protection of individuals’ rights caused by the rapid developments associated with information technology, computers and the Internet, and the potential for them to be exploited for carrying out criminal activities.

 

Among others, the paper recommended that a new piece of bespoke legislation on cybercrime should be enacted to cover five types of cyber-dependent offences.

 

These crimes are: illegal access to program or data, illegal interception of computer data, illegal interference of computer data, illegal interference of computer system, and making available or possessing a device or data for committing a crime.

 

At a press conference this morning, the commission's Cybercrime Sub-committee member Derek Chan said: “It is time to update our whole cybercrime approach and to be consistent with other jurisdictions - to put it into a specific legislation or ordinance - to cover the five categories of cybercrime, which internationally is how they categorise cybercrime. So to make it more consistent, it is better if we have to make one updated cybercrime legislation.”

 

Mr Chan said apart from making legislative recommendations, the consultation paper also raised issues relating to exemptions and defence.

 

“What concerned us, during our discussions, is whether exemptions should be granted to cybersecurity professionals, or if some of these illegal access or illegal defence with computer systems or data are carried out for a legitimate purpose.

 

“So these are areas where we wish to, specifically, consult the public on and these are areas where we see may be controversial or there may be instances of legitimate use of what society considers to be legitimate use, but we have not thought of them. That is why we wanted to consult the public, specifically, on these areas.”

 

Members of the public may submit their views on the issues set out in the consultation paper by October 19 via email, fax (3918 4096), or mail to the Secretary of the Cybercrime Sub-committee, Law Reform Commission on 4/F, East Wing, Justice Place, 18 Lower Albert Road, Central.

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