Yearbook of European Law - Vol. 4

By A. Barav; D. A. Wyatt | Go to book overview

the unauthorized use of a computer, and the unauthorized use of a protected computer programme.

The third chapter addresses procedural law problems such as the coercive powers of law enforcement agencies to gather evidence (e.g. search and seizure of stored or processed data and wire-tapping of telecommunications lines or computer systems), the legal requirements for gathering, storing and linking personal data, and the admissibility of evidence from computer records in court proceedings. This chapter is of a more exploratory character since the international discussion of the problems created by these new technologies has only just begun.

The international aspects of computer-related crime -- territorial and extraterritorial jurisdiction, harmonization of substantive criminal law, transfrontier direct on-line access to data bases, applicability of existing European conventions -- are discussed in the fourth chapter. The most difficult question, to which no definitive answer is tendered, concerns the direct access by the investigating authority in one State into data bases in another; such 'direct penetration' might be considered a violation of the sovereignty of the State where the data is stored.

In the fifth chapter, the expert committee mentions a number of issues which it had briefly discussed without, however, reaching any conclusion; these matters require further consideration. They concern security and prevention measures, victimization thorough computer crime, and computer-related infringements of privacy.


Annex

CONVENTION ON INSIDER TRADING

PREAMBLE

The member States of the Council of Europe, signatories hereto,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Considering that certain financial transactions in securities traded on stock exchanges are carried out by persons seeking to avoid losses or to make profits by using the privileged information available to them, thus undermining equality of opportunity as between investors and the credibility of the market;

Considering that such behaviour is also proving dangerous for the economies of the member States concerned and in particular for the proper functioning of the stock markets;

Considering that, because of the internationalisation of markets and the ease of present-day commumications, operations of this nature are carried out sometimes on the market of a State by persons not resident in that State or acting through persons not resident there;

Considering that efforts to counter such practices which are already being made on the domestic level in many member States make it essential to set up

-375-

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