Government s legitimate need to intercept electronic communications or review Internet traffic data should not place unreasonable financial or technological burdens on companies. Governments should strike a balance between individual privacy interests and the legitimate needs of law enforcement. Search and seizure, production, and retention of computer data should comply with the European Convention on Human Rights and the EU Data Protection Directive. The EEWG supports harmonisation of substantive criminal laws related to network security. This is an important step towards eliminating havens within the EU for computer-related criminal activity.
Uniform laws bolster the integrity of computer networks by discouraging cybercrime.
The Commission proposes harmonisation that is consistent with the Council of Europe s Cybercrime Convention. The EEWG recognises that the EU s authority under the Amsterdam Treaty to harmonise laws related to computer crime is unclear. The EEWG urges the Commission to clarify the legal basis for harmonisation in this area. To the extent that there is a legal basis for action, the EEWG supports the Commission s harmonisation efforts. Specifically, the Commission proposes and the EEWG endorses criminalisation of unauthorised access to computer networks and unauthorised interception of, and interference with, computer data.