Draft legislation sets out new cyber offences

Justice Minister Frances Fitzgerald has published draft legislation defining criminal offences in the area of attacks against information systems.

The Criminal Justice (Offences relating to Information Systems) Bill 2016 creates offences around unauthorised access of, interference with, and interception of data to and from any devices and networks, as well as the use of tools to facilitate these offences.

The offences carry sentences of up to 10 years’ imprisonment on conviction on indictment.

Ms Fitzgerald said: “It is of paramount importance that we seek to safeguard modern information and communication systems and to maintain users’ confidence in the safety and reliability of such systems.

“This is arguably even more important and appropriate in Ireland which has become somewhat of a global cyber hub given the number of high tech IT and internet-based companies that have major operations here.”

Ms Fitzgerald said the proposed legislation gives effect to provisions of Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems which replaced Council Framework Decision 2005/222/JHA.

The Directive aims to harmonise the criminal law of Member States in the area of attacks against information systems and to enhance cooperation between competent authorities, including police forces, in relation to such threats.