The blocking of websites envisioned in the new law to ensure information security and combat offenses involving the use of information technology will be possible within a criminal case. A court judgment specifying the reasons for such an act will be needed for the purpose, deputy head of the National Investigations Inspectorate’s Center for Combating Cybercrime Veaceslav Badarau stated in the public debate “Real and nonexistent dangers to the basic human rights generated by the government’s intention to modify information technology regulations” that was organized by IPN News Agency and Radio Moldova.
As regards the reading of email messages, Veaceslav Badarau noted that this special measure can be applied only in case of a serious, very serious or exceptionally serious offense. “Thus, this is taken only within the investigation, not at the request of the police or prosecutors. In other cases, such measures cannot be taken,” he stated.
Veaceslav Badarau also said that if the email messages are not read, the police will be unable to collect evidence. “I refer to cybercrimes, including frauds, infection of computers and attacks. This category of crimes cannot be investigated otherwise,” he stated.
According to him, the new law does not modify the data storage process. The Internet providers were first obliged to store data in 2007, by the Law on Electronic Communications. Also, all the Internet service providers were obliged to keep the data by the Law on Combating Cybercrime. The given bill on data storage only ensures concordance between the two laws. It does not impose additional obligations on operators.
Veaceslav Badarau noted that Moldova ratified the Council of Europe’s Convention on Cybercrime, which obliges the authorities to conserve data from a particular server if need be. This refers to a particular offence, not to the whole computer network.
According to the deputy head of the Center for Combating Cybercrime, this bill enables the law enforcement bodies to collect evidence concerning particular crimes. “If the police do not have such instruments, they will be unable to investigate particular types of offenses,” he stated.
The April 4 debate is the 52nd of the series of debates “Developing political culture by public debates” that are staged with the support of the German Foundation “Hanns Seidel”.
