Lord Ponsonby of Shulbrede
Main Page: Lord Ponsonby of Shulbrede (Labour - Life peer)Department Debates - View all Lord Ponsonby of Shulbrede's debates with the Home Office
(9 months ago)
Lords ChamberMy noble friend raises a very good point. If I may, I will look into the specifics of her question and write to her.
My Lords, Article 40 of the French criminal procedure code provides for cybersecurity specialists who are acting in good faith and solely in the national interest to be protected from prosecution. Does the Minister believe that a similar provision would be suitable here?
My Lords, we are always interested in learning from the approaches taken by other countries and jurisdictions. We speak with our international counterparts, including all our major allies, to understand how they approach the issue of whether there should be defences to these types of offences. But the majority of our like-minded partners do not have statutory defences and are instead in favour of prosecutorial guidance. For example, the US Department of Justice introduced guidance for prosecutors on when to prosecute instances of potential breaches of its Computer Fraud and Abuse Act.