This document discusses the balance between privacy rights and cybercrime investigations in Ukraine. It provides background on Ukraine's data protection laws and notes that Ukraine is a top target for cyberattacks due to weaknesses in legislation and corruption. Two hypothetical cybercrime cases are examined where privacy protections could interfere with investigations. The document concludes that while private data is protected in Ukraine, these mechanisms can prevent effective legal defense in cybercrime and copyright cases. It questions whether privacy rights should be tightened, such as by requiring ISPs to disclose data about Internet users.

1. Right to privacy and
cybercrime investigation
Dima Gadomsky
criminal attorney, counsel
Tykhin Alekseienko,
junior associate

2. About Ukraine
Arzinger - Offices
Biggest country in Eastern Europe
Very good IT school
#11 in the World by IT outsourcing and hi-tech
services
12
According to OECD, technology is #1 sector to
invest
2 Right to privacy and cybercrime investigation

3. About Ukraine
3 Right to privacy and cybercrime investigation

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, 2012
4 Right to privacy and cybercrime investigation

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 attacks
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6. Why Ukraine is 5th?
Weak legislation
Good technical education
Very good corruption
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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, services
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8. About Arzinger
Arzinger - Offices
12
8 Right to privacy and cybercrime investigation

9. About Arzinger
9 Right to privacy and cybercrime investigation

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.
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11. Case 1
1 Infection
TargetCo
Bank
ShellCo2
ShellCo1
2 Wire
transfer
Bank2
Bank1
3
Cash
withdrawal
4 Cash
transferring to
the beneficiary
11 Right to privacy and cybercrime investigation

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 illegal
12 Right to privacy and cybercrime investigation

13. Case 2
Daughter company of
leading global provider of
digital map data
UaCo
Unidentified person stolen
the database containing
location data
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14. Balance
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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 data
15 Right to privacy and cybercrime investigation

16. Google – User data requests
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17. Balance
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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