Statut concernant la Convention de Budapest
Statut : Partie Déclarations et réserves : – Voir le profil légalPolitiques / stratégies en matière de cybercriminalité
The strategy, entitled 'Digital Malta' – the National Digital Strategy for Malta for the period 2014-2020, was launched by the prime minister following public consultation with several stakeholders. This strategy recognises the need of a National Cyber Security Strategy to address all the risks met in cyberspace.
The first step in this direction was the publication in October 2015 of a Green Paper for a National Security Strategy, which served as a basis for consultation.
The National Cyber Security Strategy launched in 2016 is a consolidation of the proposal presented by the Green Paper.
The National Cyber Security Strategy recognises that tackling cyber security entails the need to:
- Safeguard the rule of law in line with Malta’s Constitution and Malta’s role as a European Union Member State;
- Adopt a multi-disciplinary approach;
- Ensure that all stakeholders of cyber-space: government, private sector, and civil society understand their shared responsibility and thus commitment to collaboration and cooperation, to ensure a safe, stable and secure environment;
- Adopt a risk based approach, based upon the premise that it is impossible to guarantee immunity from any cyber attack.
The strategic view of the National Cyber Security Strategy can be summarized in six goals and relative actions:
1. Goal: Establish a Governance Framework that is based upon the premise that a cyber security strategy needs to be established, and more importantly, be effectively implemented and maintained on a continuous basis. Hence the need to ensure the key coordination structures, processes, roles and practice with particular focus on cyber risk management within the public and private sector.
2. Goal: Combat Cybercrime which aims to ensure and consolidate capabilities to tackle cybercrime.
3. Goal: Strengthen National Cyber Defence which aims to foster sharing of cyber security knowledge and intelligence, review current legislation and regulations in line with cyber space developments and ensure digital resilience on a national and organisation wide scale of particular consideration are recent legal developments at EU level, notably legislation pertaining to data protection and that related to Network and Information Security.
4. Goal: Secure cyber-space which aims to foster self regulation and voluntary self commitment, bearing in mind that legislation is not a panacea to cyber security commitments. It also aims to stimulate use of standards and best practices that guarantee security whilst allowing for interoperability. Special focus is also given to promote security and trust of online public services and to consolidate support to the private sector.
5. Goal: Cyber security Awareness and Education which aims to target academia, the public and private sector and citizens as a means to sensitize awareness, knowledge as well as capabilities and expertise in cyber security. A national strategic approach towards an ongoing educational and awareness campaign is especially recommended.
6. Goal: National and International Cooperation which aims to ensure effective consultation, cooperation and collaboration on a national level, on a European and on a global basis, enabled by EU and international institutions and activities, based on the understanding that cyber security has no bounds
Capacity building and combating cybercrime is also foreseen in Malta's National Digital Strategy 2014-2020, giving priority to the fight against serious and organised crime between 2014 and 2017, such as online and payment card fraud, cybercrime which cause serious harm to their victims such as online child sexual exploitation, and cyber-attacks which affect all critical infrastructure and information systems in the EU.
Législation sur la cybercriminalité
État de la législation sur la cybercriminalité
Malta ratified the Budapest Convention on Cybercrime on 12 April 2012, which serves as reference for the domestic cybercrime legislation.
Droit matériel
The Criminal Law Code of Malta provides an exhaustive substantive law framework, addressing all offences provided by the Budapest Convention.
Part II, Title IX, Sub-title V on Computer Misuse (provisions 337B; 337C; 337D; 337E; 337F; 337G; 337H) of Criminal Law Code under Sub-title V deals with various offences provided by the Budapest Convention.
Droit procédural
Criminal procedure rules under the same Criminal Law Code make reference only to search and seizure and production orders in general terms; no specific implementation of procedural powers as requested by the Budapest Convention can be found.
The powers of the police derive from the Criminal Code – Book Second – Laws of Criminal Procedure – Part. I (Art. 346-366) and from the Police Act- Chapter 164 of the Laws of Malta.
The Police Cyber Crime Unit’s main mandate is to assist criminal investigators with technical matters, which include requests for information from service providers. The Unit also provides assistance during searches in order to identify, preserve, extract and analyse e-evidence which is later presented in court.
Lois et règlements connexes
Institutions spécialisées
- Police Cyber Crime Unit – set up in 2003, its primary role is to provide technical assistance in the detection and investigations of crime wherein the computer is the target or the means used. The Cyber Crime Unit is made up of police officers who are trained in the investigation of crimes that take place over the internet or through the use of a computer, addressing thus not only criminal acts commonly associated with technology itself - such as hacking - but extends to investigations of traditional offences such as fraud, threats and other serious crimes.
- Malta Communications Authority (MCA)
- Malta Information Technology Agency (MITA), Information Security and Governance Department
- CSIRTMalta
- Cyber Security Committee – responsible to oversee and coordinate the implementation of the Malta Cyber Security Strategy 2016
- Aġenzija Appoġġ
- Directorate for Quality and Services in Education (DQSE)
- Office of the Commissioner for Children
Coopération internationale
Autorités compétentes et canaux
MLA authority in the absence of other treaties (Art. 27)
The Office of the Attorney General
53, Admiralty House
South Street
Valletta, Malta
Email: ag.mla@gov.mt
Authority for extradition and provisional arrests in the absence of other treaties (Art. 24)
Ministry for Justice, Equality and Governance
Auberge D'Aragon,
Independence Square
Valletta
Malta
24/7 Point of contact (Art. 35)
Cybercrime Unit
Malta Police
Police General Headquarters
Floriana, Malta
Guides pratiques, modèles et meilleures pratiques
Article 92 of the Police Act (Chapter 164 of the Laws of Malta), provides that the police may, directly or through regional or international police organisations, cooperate with any state agency having similar powers and duties in any country.
Maltese Cyber Crime Unit offers assistance and advice 24/7 cooperating with Europol/EC3, Eurojust or ENISA, even if domestic legislation does not impose any formal requirements or specific procedures for cooperation with these institutions.
Requests to third countries are sent via Interpol channels when cooperation is required from law enforcement agencies there.
Mutual legal assistance is mainly provided for by national laws. Any request by a foreign judicial, prosecuting or administrative authority must be in accordance with an existing treaty, convention, agreement or understanding between Malta and the country from which the request emanates or which applies to both such countries or to which both such countries are a party. Even without a treaty, convention, agreement or understanding, Malta may still extend mutual assistance on the basis of the principle of reciprocity. The Attorney General of Malta has a key role in providing mutual legal assistance.
Jurisprudence / droit jurisprudent
Sources et liens
- Police Cyber Crime Unit
- Digital Malta' – the National Digital Strategy for Malta for the period 2014-2020
- http://data.consilium.europa.eu/doc/document/ST-7696-2016-REV-1-DCL-1/en/pdf
- https://www.terena.org/activities/tf-csirt/meeting13/Cyber-Crime-Malta-Caruana.pdf
- https://www.timesofmalta.com/articles/view/20170303/local/malta-police-taking-part-in-european-cyber-crime-operation.641343
- https://fsws.gov.mt/en/appogg/Pages/welcome-appogg.aspx
- https://www.enisa.europa.eu/topics/national-cyber-security-strategies/ncss-map/NCSSGreenPaper.pdf
- https://legislation.mt/eli/cap/164/eng/pdf
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.
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