Ukraine: Cybercrmes and Privacy

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Ukraine: Cybercrmes and Privacy

  1. 1. Right to privacy andcybercrime investigationDima Gadomskycriminal attorney, counselTykhin Alekseienko,junior associate
  2. 2. About Ukraine Arzinger - Offices Biggest country in Eastern Europe Very good IT school #11 in the World by IT outsourcing and hi-tech services12 According to OECD, technology is #1 sector to invest 2 Right to privacy and cybercrime investigation
  3. 3. About Ukraine3 Right to privacy and cybercrime investigation
  4. 4. Data protection in Ukraine The Law On Information, 1992 Constitution, 1996 (right to privacy) The Civil Code, 2004 Personal Data Protection Act, 2010 Cybercrimes Investigation Division within Investigation Office, 20124 Right to privacy and cybercrime investigation
  5. 5. Geo-targeting of cybercrimes in the World 7. Great Britain 2. Russia 3. Netherlands 15% 10% 5% 5% 25% 9% 5% 4. Germany 6. China 1. USA 5. Ukraine 48 million attacks5 Right to privacy and cybercrime investigation
  6. 6. Why Ukraine is 5th? Weak legislation Good technical education Very good corruption6 Right to privacy and cybercrime investigation
  7. 7. Cybercrimes statistics in Ukraine No 5 most popular crime in Ukraine Each 5th company faced cyber attack in 2011 25 % of companies do not have any internal instructions how to deal with cybercrimes Key businesses facing cybercrimes: finance, retail, services7 Right to privacy and cybercrime investigation
  8. 8. About Arzinger Arzinger - Offices 128 Right to privacy and cybercrime investigation
  9. 9. About Arzinger9 Right to privacy and cybercrime investigation
  10. 10. About Arzinger – expertise in IT Copyright in the Internet (www.ex.ua) Certification of cryptographic software Personal data issues in cross-border IT outsourcing Cybercrimes investigations (legal assistance of the victims, forensic) Data security Licensing of telecommunication services etc.10 Right to privacy and cybercrime investigation
  11. 11. Case 1 1 Infection TargetCo Bank ShellCo2 ShellCo1 2 Wire transfer Bank2 Bank1 3 Cash withdrawal 4 Cash transferring to the beneficiary11 Right to privacy and cybercrime investigation
  12. 12. Features of cybercrimes easy to learn how to commit require few resources relative to the potential damage caused can be committed in a jurisdiction without being physically present in it often not clearly illegal12 Right to privacy and cybercrime investigation
  13. 13. Case 2 Daughter company of leading global provider of digital map data UaCo Unidentified person stolen the database containing location data13 Right to privacy and cybercrime investigation
  14. 14. Balance14 Right to privacy and cybercrime investigation
  15. 15. IP address Case 1 Case 2 Infected the target with more then 30 Stealing of the database is only a viruses copyright infringement (no criminal liability, only civil) Used anonymous proxy servers IP number and personal mail-box are Was using free WiFi in the cafe personal data, which cannot be disclosed beyond the criminal investigation Knowing IP address makes no sense Impossible to get the data15 Right to privacy and cybercrime investigation
  16. 16. Google – User data requests16 Right to privacy and cybercrime investigation
  17. 17. Balance17 Right to privacy and cybercrime investigation
  18. 18. Conclusions Private data is more or less protected in Ukraine Data protection mechanisms make impossible effective legal defence of rights (cybercrimes, copyright infringements, etc.) Tighten rights to privacy (e.g. obligation for the ISP to disclose data about Internet users)?18 Right to privacy and cybercrime investigation

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