Activities of Sabine LÖSING related to 2010/0273(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on attacks against information systems and repealing Council Framework Decision 2005/222/JHA
Amendments (9)
Amendment 14 #
Proposal for a directive
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Amendment 15 #
Proposal for a directive
Recital 1
Recital 1
(1) The objective of this Directive is to approximate rules on criminal law in the Member States in the area of attacks against information systems, and improve cooperation between judicial and other competent authorities, including the police and other specialised law enforcement services of the Member States, in accordance with the principle of separation of powers.
Amendment 22 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) A distinction between cyber attacks and physical attacks is crucial. Therefore a separate strategy to respond to such attacks should be developed in respect of attacks against information systems, in full cooperation with national parliaments and the European Parliament. Such a strategy should not constitute a threat to, or a breach of, human rights or fundamental freedoms. Such a strategy should not therefore be equivalent to a response to an armed attack.
Amendment 30 #
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 has caused serious damage or has affected essential interests.
Amendment 45 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall take the necessary measures to ensure that the intentional accessaccess with criminal intent and without right to the whole or any part of an information system is punishable as a criminal offence, at least for cases which are not minor.
Amendment 47 #
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 48 #
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 49 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 11(2) is punishable by effective, proportionate and dissuasive penalties or measures.
Amendment 51 #
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. They shall also ensure that a consolidated review of these statistical reports is submitted to the European Parliament and published.