Computer Systems: Independent Testing

Lord Ponsonby of Shulbrede Excerpts

Monday 12th February 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My noble friend raises a very good point. If I may, I will look into the specifics of her question and write to her.

[Lord Ponsonby of Shulbrede (Lab)]

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?

[Lord Sharpe of Epsom (Con)]

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.