Equatorial Guinea: Adoption of articles defining computer crime and cybercrime

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In the Chamber of Deputies, the parliamentary commission looking at the draft Law to Regulate Use of Social Media and Cyberspace adopted on Tuesday the articles determining computer crimes and some cybercrimes, in addition to the penalties and fines that, in each case, will be imposed by the relevant jurisdictional bodies on those who commit them, during sessions that are being held under the moderation of the President of the institution, Gaudencio Mohaba Messu.

Computer-related crimes include, firstly, those related to the integrity of computer systems, such as unauthorised access to computer systems, programmes or data, the illegal interception of communications and transmissions between information and communication technology systems, the improper tapping of other people’s communications, intentional interference with computer systems, alteration, destruction, duplication or damage and the total or partial disabling of the integrity, availability and confidentiality of computer systems, data or processes, in addition to the possession of equipment, devices, programmes or provision of services aimed at breaching computer security.

Secondly it contains offences related to computer fraud, such as inserting false or fraudulent instructions in these systems to obtain profit, computer espionage to unduly obtain sensitive personal data or confidential public information contained in a system, violation of computer security, which consists of the breach of a restricted or protected computer system without the corresponding authorisation, and theft by computerised means, in order to seize property or assets by taking them away from their owner, holder or possessor, with the aim of obtaining financial gain.

Fraudulent manipulation of data records and smart cards or similar instruments, improperly obtaining or providing goods or services by such means, breach of judicial custody of data and breach of confidentiality of information learned during the course of an investigation, interception or retrieval of data from a computer system or its components are also computer-related offences.

The cybercrime section covers, among other things, offences related to impersonating or taking over the computer identity of another person, unauthorised disclosure of information stored on a computer or technological device, unlawful use of personal data, unauthorised transfer of public information classified as confidential, violating computer systems or data, or endangering the security of the sovereignty of the State.

Distributed by APO Group on behalf of Equatorial Guinea: Official Web Page of the Government.

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