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The Global Legal Monitor is an online publication from the Law Library of Congress covering legal news and developments worldwide. It is updated frequently and draws on information from official national legal publications and reliable press sources. You can find previous news by searching the Global Legal Monitor.

Italy: New Provisions on National Cybersecurity Enter into Force

(Oct. 16, 2019) On September 22, 2019, Decree Law No. 105 of September 21, 2019 (Decreto-Legge 21 settembre 2019, n. 105) (D.L. No. 105), containing urgent provisions on national cybersecurity, entered into force in Italy. The purpose of the new legislation is to guarantee the highest level of security for networks, information systems, and information technology (IT) services for the public administration and private entities.

National Cybersecurity Perimeter

The new Law aims to ensure the security of networks and IT systems by preventing their malfunctioning, interruption, and improper use. To that effect, the Law institutes the Interministerial Committee for the Security of the Republic (Comitato interministeriale per la sicurezza della Repubblica), and creates a “national cyber security perimeter” (the perimeter). A presidential decree to be issued within four months will identify the public agencies and private entities to be included in the perimeter—namely, those performing an essential function of the state, the interruption, malfunction, or improper use of whose networks would be detrimental to national security. New regulations to be issued by the president of the Council of Ministers must address the requirements for notifying the Italian IT Security Intervention Group (Gruppo di intervento per la sicurezza informatica in caso di incidente) of incidents impacting networks, information systems and IT services. These notifications must be also forwarded to the Security Information Department and the Cybersecurity Team. (Art. 1(1), 1(2).)

Measures for Ensuring High Levels of Security

The new measures contemplated to guarantee high levels of security for networks, information systems and IT services include (a) security policies related to organizational structures and risk management, (b) mitigation and management of accidents and their prevention, (c) physical safety and data protection, (d) integrity of networks and information systems, (e) monitoring, testing and control, and (f) training and awareness. (Art. 1(3).)

Under the new Law, the Presidency of the Council of Ministers is responsible for inspection and verification of compliance with the new legislation by public agencies and private entities in particular, with provisions related to crime prevention and suppression, protection of order and public security, and the defense and military security of the state. (Art. 1(6)(c).)

Broadband Networks

The new Law indicates that implementing regulations must provide for an assessment of vulnerability factors that could compromise the integrity and security of the networks and data of networks with 5G technology. (Art. 3.)

Cybernetic Crises

The President of the Council of Ministers is empowered to adopt urgent measures in the presence of serious and imminent risks to national security related to the vulnerability of networks, information systems, and IT services. (Art. 5(1).)

Additional Staff Resources

The new Law directs the government to hire a maximum of 77 new staff members for the administration and implementation of the newly established measures and mechanisms. (Art. 2.(1).)

Punishable Conduct

The new Law sets fines for improper conduct related to the cybersecurity of the country, including (a) the failure to comply with obligations to prepare and update lists of networks, information systems, and IT services required by the Law, and (b) noncompliance with notification requirements concerning the adoption of security measures. Additionally, certain violations disqualify the offender from assuming management, administration, and control positions at public and private entities for a determined period of time. All penalties are applied by the Presidency of the Council of Ministers, with the assistance of the Agency for Digital Italy (Agenzia per l’Italia Digitale). (Art. 1.)

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Brazil: New Law Criminalizing Abuse of Authority Enacted

(Oct. 15, 2019) On September 5, 2019, Brazil’s president, Jair Bolsonaro, promulgated Law No. 13,869 (Lei No. 13.869, de 5 de Setembro de 2019), which provides for crimes of abuse of authority and amends and revokes other laws. President Bolsonaro had initially issued 19 vetoes that encompassed 36 provisions of the Law, and the National Congress subsequently overruled 18 of the vetoed provisions.

Law No. 13,869 defines crimes of abuse of authority as those committed by public agents who, in the exercise of their functions or under the pretext of performing them, abuse the power that has been conferred on them. The proscribed conduct must be done with the specific purpose of harming another person or benefiting themselves or others, or by mere whim or personal satisfaction. Divergence in the interpretation of the law or in the evaluation of facts and evidence does not constitute abuse of authority. (Art. 1.)

Under the new Law, public agents are defined to include anyone who exercises, even temporarily or without remuneration—by election, appointment, hiring, or any other form of investiture—a position or function directly or indirectly administering the powers of the Union, the states, the Federal District, the municipalities, and territory of Brazil. Such agents include civil and public servants; members of the legislative, executive, and judiciary powers; members of the Public Prosecution Office; and members of the courts or boards of auditors. (Art. 2.)

The Law determines the penalties for conviction under the Law to include indemnifying the offended party for damage caused by the crime, with the judge, at the request of the offended party, setting the minimum amount to repair the damage caused by the violation; and disqualification from the exercise of office, mandate, or public function, for a period of one to five years, or the loss of office, mandate or public function. The criminal punishments must be applied regardless of the applicable civil or administrative sanctions. (Arts. 4, 6.)

Articles 9 to 38 define the crimes that characterize abuse of authority and set the corresponding punishments.  Article 10, for example, provides that a public agent who, unreasonably or without prior summons, forces a witness or investigated person to appear in court may be punished with one to four years in prison and a fine.

The provisions of the Code of Criminal Procedure, and of Law No. 9,099 of September 26, 1995, which created special courts in the area of Federal Justice, apply to the prosecution of the offenses provided for in Law No. 13,869. (Art. 39.)

Law No. 13,869 is set to enter into force 120 days after its publication. (Art. 45.)

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Japan: Drone Flight Guidelines Amended to Require Registered and Searchable Online Flight Plans

(Oct. 11, 2019) Japan’s Guidelines for Permission/Approval Concerning Unmanned Aerial Vehicle Flight (Nov. 17, 2015) were amended on July 26, 2019. Under the amendment, all flight plans of unmanned aerial vehicles (UAVs) that are subject to permission (kyoka) or approval (shonin) must be registered in the online flight information sharing system managed by the Ministry of Land, Infrastructure, Transport and Tourism (MLIT). The website makes those registered flight plans accessible to others, thereby allowing airplanes and other UAV operators to check if their flights would encounter interference by other UAVs.

Background on the Flight Information Sharing System

The increase in the number of UAVs in Japan has seen a corresponding rise in the number of UAV accidents, with eight reported near misses between drones and helicopters or airplanes since December 2015. The MLIT established the flight information sharing system in April 2019 to decrease the number of accidents. However, because using the system was optional and not many UAV operators registered their flight plans, the MLIT made the registration mandatory on July 26, 2019.

Flight Plans Requiring Permission or Approval

Not all drone flights need permission or approval. Under the Aviation Act (Act No. 231 of 1952, amended by Act No. 38 of 2019 (Reiwa 1)), a person who operates a UAV in the airspaces designated by an MLIT ordinance must obtain prior permission from the Minister of the MLIT. The designated airspaces consist of areas in which the flight of UAVs could affect the safety of aircraft navigation and other areas that are densely populated or where buildings are built close together. (Aviation Act art. 132.)

Prior approval for a UAV flight is required if the UAV is not to be operated in conditions that are generally approved under the Aviation Act. The Act generally permits a UAV flight in the following circumstances:

  • The flight occurs between sunrise and sunset.
  • The operator monitors the UAV and its surroundings with his/her own eyes all the time during the flight.
  • The UAV keeps the specified distance from people or property on the ground or on water.
  • The UAV does not fly above a place where festivals, fairs, exhibitions, and other gatherings are held.
  • The UAV does not transport explosive, flammable, or other dangerous objects.
  • The UAV does not drop any objects other than those specified in an MLIT ordinance. (Art. 132-2.)

These conditions may not apply in emergency situations. (Art. 132-3.) A UAV that weighs less than 200 grams (7 ounces) is not subject to these rules, but is still subject to other regulations. (Art. 2, para. 22 & Aviation Act Enforcement Ordinance (Ministry of Transport Ordinance No. 56 of 1952, amended by MLIT Ordinance No. 1 of 2019 (Reiwa 1), art. 5-2).)

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Turkey: Nationwide Police Operation Conducted to Enforce Ban Against Smoking While Driving

(Oct. 10, 2019) As a result of a simultaneous, country-wide police operation aimed at enforcing a ban on smoking while driving in Turkey, more than 5,000 tickets were issued on September 25, 2019, to drivers smoking cigarettes in their private vehicles. The ban, which was added to the Law on the Prevention and Control of the Harmful Effects of Tobacco Products (Law No. 4207) in May 2013 (amending Law No. 6487), explicitly covers smoking while driving a private vehicle, as well as smoking in all public road, rail, sea, and air transport vehicles, including taxis. (Law No. 4207, art. 2(1)(c).)

The administrative fine for smoking while driving is 153 Turkish liras (about US$27). (Law No. 4207, art. 5 (amending Law No. 5326, Misdemeanors Law art. 39).) According to article 17 of the Misdemeanors Law, the fines prescribed therein are updated to reflect inflation every year. The revaluation rate is calculated according to the method provided in article 298(bis) of the Tax Procedure Law (Law No. 213), whereby the revaluation rate is set equal to the domestic producer price index rate of change (12-month moving average) value for the month of October (inclusive), as determined by the Turkish Statistical Institute. The revaluation rate thus calculated is published in the Official Gazette by the Ministry of Finance as a general communique. The updated administrative fines become effective on the first day of the calendar year.

The Anadolu Agency also reported that during the September 25 police operations 693 wanted criminal suspects were caught, including two who were wanted for homicide.

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