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Draft Cybercrime (Jersey) Law 201- A report by the Education and Home Affairs Scrutiny Panel

We are the Education and Home Affairs Scrutiny Panel. It's our role to scrutinise Jersey's government on matters of public importance, policy and legislation which falls within these remits.

​The Draft Cybercrime (Jersey) Law 201- has been lodged by the Minister for Home Affairs. The draft law, if adopted, would bring Jersey up-to-date in its treatment of crime involving computers and data storage. The draft law is a series of amendments to other legislation that is intended to provide authorities with sufficient powers to deal with increasingly sophisticated online criminal activity, and will make Jersey compliant with the international treaties in this area.

The draft Law would amend the following laws:

THE REVIEW

We undertook this review to make sure that the draft Law is fit for purpose and will help assist Jersey in the investigation and prosecution of Cybercrime and other related offences.

We wrote to key stakeholders and organisations dealing with cyber security matters, some of which responded with questions about the draft Law and its intended purpose. We then raised these questions with the Department for Justice and Home Affairs and received answers to better inform the debate on the draft Law.

FINDINGS

We found that the draft Law is to be welcomed and will assist Jersey in the investigation and prosecution of Cybercrime and related offences. We've also made some recommendations to make sure the draft Law is implemented properly and kept up to date

Engaging with local industry

We've heard from people within local industries, dealing with cyber security matters, and they've explained concerns about the expectations on them if the draft Law is adopted.

Currently, a Technical Advisory Board (TAB) exists in the States of Jersey and meets on an annual basis with local industry to discuss technical and commercial changes that would affect the enforcement of the Regulation of Investigatory Powers (Jersey) Law 2005.

If the draft Law is adopted, we recommend that the TAB meets regularly with local industry over the first year of its implementation to clarify the expectations on industry and put in place updated codes of practice to reflect this.

Changes in the world of technology

Technology is moving and improving at a faster pace each year, with new devices and terminology developing at an equally fast pace. It is important that we keep up with these changes, especially in relation to the Laws that surround the investigation and prosecution of cyber related crimes.

We looked at the "Internet of things" and how this is something that will develop and change dramatically over the coming years.

We questioned whether the draft Law is future proofed and whether it would be able to deal with the ever increasing number of Wi-Fi enabled devices that could be used to commit offences. We found that the definition of computer is wide enough to capture any data storage device or item that can be Wi-Fi enabled.

As this is an ever changing area, we recommend that the draft Law (once implemented) is reviewed regularly to ensure that it is reacting to the changes and challenges presented by new and improved technology.

WHAT HAPPENS NEXT?

The Panel has submitted its Comments paper to the help inform States Members before the States debate on 29 January 2019. Should the proposals be adopted by the Assembly, the Panel intends to follow up with the Minister for Home Affairs on the implementation of the draft Law and the recommendations it has made.

PANEL MEMBERSHIP

Left to right: Deputy Robert Ward (Chairman), Deputy Rowland Huelin (Vice-chairman), Constable Simon Crowcroft, Deputy Trevor Pointon

Credits:

Created with images by B_A - "hacker silhouette hack"

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