9 Amendments of Silvia-Adriana ȚICĂU related to 2010/0273(COD)
Amendment 21 #
Proposal for a directive
Recital 3
Recital 3
(3) There is evidence of a tendency towards increasingly dangerous and recurrent large scale attacks conducted against information systems which are critical to international organisations and states or to particular functions in the public or private sector. Such attacks can occasion significant financial losses both by taking down information and communications systems, and by causing the loss or alteration of data. This tendency is being accompanied by the, unfortunately, by the availability and development of increasingly sophisticated tools that can be used by criminals to launch cyber-attacks of various types.
Amendment 30 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Member States, the EU and the private sector, in cooperation with the European Network and Information Security Agency, should take steps to increase the security and integrity of information systems, to prevent attacks and to minimise the impact of attacks.
Amendment 31 #
Proposal for a directive
Recital 7
Recital 7
(7) It is appropriate to provide for more severe penalties when an attack against an information system is committed by a criminal organisation, as defined in Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, when the attack is conducted on a large scale, or when an offence is committed by concealing the real identity of the perpetrator and causing prejudice to the rightful identity owner. It is also appropriate to provide for more severe penalties where such an attack hasis carried out from within an organisation by someone with access rights and causeds serious damage or has affecteds essential interests.
Amendment 34 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive strengthens the importance of networks, such as the G8 or the Council of Europe's network of points of contact available on a twenty-four hour, seven-day-a-week basis to exchange information in order to ensure the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to information systems and data, or for the collection of evidence in electronic form of a criminal offence. Given the speed with which large-scale attacks can be carried out, Member States the EU and the European Network and Information Security Agency should be able to respond promptly to urgent requests from this network of contact points. Such assistance should include facilitating, or directly carrying out, measures such as: the provision of technical advice, the preservation of data, the collection of evidence, the provision of legal information, and the locating of suspects.
Amendment 38 #
Proposal for a directive
Recital 12
Recital 12
(12) There is a need to collect data on offences under this Directive, in order to gain a more complete picture of the problem at Union level and thereby contribute to formulating more effective responses. The data will moreover help specialised agencies such as Europol and the European Network and Information Security Agency to better assess the extent of cybercrime and the state of network and information security in Europe and to support Member States in the adoption of responses to information security incidents.
Amendment 44 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States shall ensure that the unauthorised forwarding of identification data to other persons with a view to the conduct of any of the activities referred to in Articles 3 to 7 is punishable as a criminal offence.
Amendment 45 #
Proposal for a directive
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1b. Member States shall ensure that where an offence under Articles 3 to 7 is committed by a person who, within the scope of his or her employment, has access to the security systems inherent in information systems, this shall constitute an aggravating circumstance and be punishable as a criminal offence.
Amendment 49 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purpose of exchange of information relating to the offences referred to in Articles 3 to 8, and in accordance with data protection rules, Member States shall makeforward such information to the Commission, the European Network and Information Security Agency and the other Member States, making use of the existing network of operational points of contact available 24 hours a day and seven days a week. Member States shall also ensure that they have procedures in place so that they can respond within a maximum of eight hours to urgent requests. Such response shall at least indicate whether and in what form the request for help will be answered and when.
Amendment 54 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall transmit the data collected according to this Article to the Commission and the European Network and Information Security Agency (ENISA). They shall also ensure that a consolidated review of these statistical reports is published.