9 Amendments of Kyriacos TRIANTAPHYLLIDES related to 2010/0273(COD)
Amendment 37 #
Proposal for a directive
Recital 2
Recital 2
(2) Attacks against information systems, in particular as a result of the threat fromat least those linked to organised crime, are a growing menace, and there is increasing concern about the potential for terrorist or politically motivated attacks against information systems which form part of the critical infrastructure of Member States and the Union. This constitutes a threat to the achievement of a safer information society and an area of freedom, security and justice, and therefore requires a response at the level of the European Union.
Amendment 41 #
Proposal for a directive
Recital 6
Recital 6
(6) Member States should provide for penalties in respect of attacks against information systems. The penalties provided for should be effective, proportionate and dissuasive.
Amendment 69 #
Proposal for a directive
Recital 15
Recital 15
(15) Any personal data processed in the context of the implementation of this Directive should be protected in accordance with the rules laid down in the Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters with regard to those processing activities which fall within its scope and Regulation (EC) No. 45/2001 of the European Parliament and the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. This Directive should also be consistent with Directive 95/46/EC1 and the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981; it should also take account of two recommendations of the Committee of Ministers of the Council of Europe, No R(87)15 regulating the use of personal data in the police sector and No R(95)4 on the protection of personal data in the area of telecommunication services, with particular reference to telephone services. _________________ 1 Directive 95/46/EC of the European Parliament and of the Council of 24.10.1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
Amendment 70 #
Proposal for a directive
Recital 16
Recital 16
(16) This Directive should respects the fundamental freedoms and rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, including the protection of personal data, the right to privacy, freedom of expression and information, the right to a fair trial, presumption of innocence and the rights of the defence, as well as the principles of legality and proportionality of criminal offences and penalties. In particular, tThis Directive seeks tomust ensure full respect for these rights and principles and mustshould be implemented accordingly.
Amendment 73 #
Proposal for a directive
Article 1
Article 1
This Directive defines criminal offences in the area of attacks against information systems and establishes minimum rules concerning penalties for such offences. It also aims to introduce common provisions to prevent such attacks and improve European criminal justice cooperation in this field. It also aims to encourage the production of ever more secure IT tools and the installation of ever more secure IT systems.
Amendment 88 #
Proposal for a directive
Article 4
Article 4
Member States shall take the necessary measures to ensure that the intentional serious hindering or interruption of the functioning of an information system by inputting, transmitting, damaging, deleting, deteriorating, altering, suppressing or rendering inaccessible computer data is punishable as a criminal offence when committed without right, at least for cases which are not minorinvolve criminal intent and which have serious and damaging consequences for the existence and functioning of the information system or systems concerned.
Amendment 100 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 to 8 are punishable by effective, proportional and dissuasive criminal penalties.
Amendment 119 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 11(1) is punishable by effective, proportionate and dissuasive penalties, which shall include criminal or non- criminal fines and may include other sanctions, for example:
Amendment 127 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Training 1. Member States shall encourage the organisation and contribute to the funding of training courses for members of the public so that the latter are aware of the possibility of attacks intended to undermine the freedom and security of cyberspace and are able to protect themselves against such attacks. 2. Member States shall incorporate into their school curricula lessons which teach pupils about IT tools, the dangers they pose and how to protect themselves.