4 Amendments of Elena BĂSESCU related to 2010/0273(COD)
Amendment 21 #
Proposal for a directive
Recital 2
Recital 2
(2) Attacks against information systems, in particular as a result of the threat fromthose arising from of 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 33 #
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 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 dataa reliable backup destined for data preservation, the collection of evidence, the provision of legal information, and the locating of suspects.
Amendment 40 #
Proposal for a directive
Recital 13
Recital 13
(13) Significant gaps and differences in Member States’ laws in the area of attacks against information systems area may hamper the fight against organised crime and terrorism, and may complicate effective police and judicial cooperation in this area. The transnational and borderless nature of modern information systems means that attacks against such systems have a trans-border dimension, thus underlining the urgent need for further action to approximate criminal legislation in this area and to strengthen cross-border cooperation. Besides that, the coordination of prosecution of cases of attacks against information systems should be facilitated by the adoption of Council Framework Decision 2009/948/JHA on prevention and settlement of conflict of jurisdiction in criminal proceedings.
Amendment 42 #
Proposal for a directive
Recital 16
Recital 16
(16) This Directive respects the fundamental rights, in particular the right to privacy, and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including the protection of personal data, 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, this Directive seeks to ensure full respect for these rights and principles and must be implemented accordingly.