Cyber Law at Gibraltar (BOT)
Gibraltar, as a British Overseas Territory, has developed a robust legal framework to address cybercrime, online safety, and data protection. Key legislation includes:
🛡️ Crimes and Communications (Online Safety) Act 2023
Enacted in July 2023, this Act introduces several new criminal offenses to enhance online safety
Cyberflashing: Unsolicited sending of sexual images using digital technology, including peer-to-peer protocols like AirDrop
Possession of Extreme Pornographic Images: Criminalizes the possession of pornographic content depicting acts that threaten life, cause serious injury, or involve bestiality or necrophilia
Flashing Images: Specifically targets the intentional sending of flashing images to individuals with epilepsy to induce seizures Additionally, the Act imposes a duty on the Gibraltar Regulatory Authority to promote media literacy, recognizing the importance of education in combating online harm
🔐 Data Protection Act 2004
Gibraltar's Data Protection Act 2004 regulates the processing of personal data, aligning with international standard:
Data Processing Principles Personal data must be processed fairly, lawfully, and transparently, ensuring accuracy and security.
Data Subject Rights Individuals have the right to access, correct, and erase their personal data, and to object to its processing.
Data Security Data controllers and processors are required to implement appropriate technical and organizational measures to protect personal data.
Enforcement The Data Protection Commissioner has the authority to investigate complaints, issue enforcement notices, and impose penalties for non-compliance.
🌐 International Alignment
Gibraltar has extended the Council of Europe's Convention 108 for the protection of individuals with regard to automatic processing of personal data This extension, effective from 1 November 2019, signifies Gibraltar's commitment to upholding international data protection standards.
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