European experience of offense prevention in the information sphere

Abstract

Offenses in the information sphere are becoming more widespread with the development of information technology. Serious considerations are given to the combination and correlation of corporate regulations of information processing, which are mainly enshrined in confidentiality or security policies, with the requirements of national legislation on civil law, administrative law, and criminal law protection of various categories of information. The article analyzes the most common violations in the information sphere: cybercrime and disinformation, the European experience in combating such violations. Recommendations for law enforcement agencies of Ukraine are proposed, as well as assumption of adoption of legal responsibility for disinformation as a separate kind of information offense is made. The conclusion for the impotence of trainings for staff of the prosecutors and judges in order to enhance their skills in cybercrime proceedings regarding digital evidence collection, transmission and storage is made. This will facilitate the understanding of technical and legal peculiarities of cybercrime proceedings by the staff of the prosecutors and judges. The implementation of the provisions of the Cybercrime Convention in the national legislation of Ukraine will facilitate the efficiency of requests for the preservation of electronic evidence, the provision of information by national Internet service providers, the response to legal aid requests etc., in particular in connection with European evidence-base collection system. Taking into account negative consequences caused by disinformation, in the near future legal liability for this type of information offense can be enshrined by law in the form of a separate offense for systematic intentional distribution of the false, inaccurate or misleading information. Such consolidation will be preceded by comprehensive consideration of technical, legal, sociological and even psychological conditions and the consequences of the dissemination of false information.