6 Amendments of Monika HOHLMEIER related to 2010/0273(COD)
Amendment 47 #
Proposal for a directive
Recital 10
Recital 10
(10) This Directive does not intend to impose criminal liability where the objective criteria of the crimes listed in this Directive are met but the offences are committed without criminal intent, such as for authorised testingtesting in accordance with law or protection of information systems, or where the withholding of an authorisation for access to a system constitutes an abuse of rights by itself.
Amendment 53 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 57 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Member States should also take appropriate steps to oblige legal persons within their jurisdictions to protect personal data in their care from offences referred to in this Directive, as already envisaged by EU law on telecommunications and data protection. Appropriate levels of protection should be provided by legal persons against reasonably identifiable threats in accordance with the state of the art for specific sectors and the specific data processing situations. The cost and burden of such protection should be proportionate to the likely damage to those affected. Where a legal person has clearly failed to provide an appropriate level of protection, and where the damage caused as a result of such failure is considerable, Member States should ensure that it is possible to prosecute that legal person.
Amendment 61 #
Proposal for a directive
Recital 12 c (new)
Recital 12 c (new)
(12c) It is also necessary to foster and improve cooperation between service providers, producers, law enforcement bodies and judicial authorities, while fully respecting the rule of law, especially as regards legal certainty and foreseeability, as well as the rights of suspected and accused persons such as the presumption of innocence and judicial redress. This should include, for example, support by service providers in helping to preserve potential evidence, in providing elements helping to identify perpetrators and, as last resort, to shut down illegal systems or functions.
Amendment 79 #
Proposal for a directive
Article 2 – point d
Article 2 – point d
(d) ‘without right’ means access, use, or interference not authorised by the owner, other right holder of the system or of part of it, or not permitted under national legislation.
Amendment 87 #
Proposal for a directive
Article 3
Article 3
Member States shall take the necessary measures to ensure that the intentional access without right to– meaning entering the whole or any part of an information system – without right is punishable as a criminal offence, at least for cases which are not minor. Each Member State may decide that the conduct referred to in paragraph 1 is incriminated only where the offence is committed by infringing a security measure.