NEWS OF THE BILL № 4003 TO INCREASE THE EFFECTIVENESS OF COUNTERING CYBERATARKS

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NEWS OF THE BILL № 4003 TO INCREASE THE EFFECTIVENESS OF COUNTERING CYBERATARKS

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NEWS OF THE BILL № 4003 TO INCREASE THE EFFECTIVENESS OF COUNTERING CYBERATARKS - yaki mozhlivi naslidki za ne vikonannya slidchim rishennya slidchogo suddi On September 1, 2020, a group of people’s deputies bill №4003 was registered in the Verkhovna Rada of Ukraine, aimed at improving the effectiveness of countering cyberattacks. Let’s analyze what innovations legislators propose to implement in criminal procedure legislation and what to expect ordinary citizens and businesses.

 Investigators and prosecutors will find it easier to search citizens and businesses.

 In particular, the draft law №4003 submitted to the Verkhovna Rada proposes to amend the Criminal Procedure Code, which provides for the possibility of using “urgent data retention” in the pre-trial investigation, if during the criminal proceedings there are “reasonable grounds to believe” that important information may be changed or deleted.

 In this case, the resolution on the urgent storage of information will oblige the data owner not to disclose the fact of delivery and execution of such an order until the termination of the relevant resolution.

 In addition, the document stipulates that the investigator or prosecutor has the right to crack passwords on electronic devices. They will be able to search those devices “for which there are sufficient grounds to believe” that this information is important to establish the circumstances of the criminal proceedings.

 The same applies to devices that are not listed in the search warrant, but the investigator will decide that they are “important” for the pre-trial investigation.

What new powers will the investigator receive?

 The main novelty of the project is the introduction of the concept of “urgent storage of information”. The prosecutor and the investigator will be empowered to oblige the owner of the information to retain and provide temporary access to the information.

 The investigator and the prosecutor conducting the search have the right to detect and gain access even to those electronic information systems or their parts, mobile terminals of communication systems, information (automated), telecommunication, information and telecommunication systems or integral parts of these systems”, which are not subject to a search warrant.

How strongly will this bill “untie the hands” of investigators?

 Unlike the vast majority of other measures to ensure criminal proceedings, this measure is applied not by a decision of an investigating judge or court, but by a decision of a prosecutor or investigator, which can be drawn up even in electronic form.

 Thus, as we see, the adoption of the document will significantly simplify the work of investigators. If the draft is adopted, investigators will have significant additional opportunities to obtain information, and they will be relieved of the unnecessary need to coordinate procedural actions with the investigating judge or the court.

 The above-mentioned bill obliges providers to take a number of actions, namely to store information in telecommunication systems, including information on traffic flow in a volume sufficient to identify the subscriber and determine the source of traffic and its transmission route for 12 months, as well as in the requirements regarding the temporary storage of information for the purposes of criminal proceedings.

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