Crimes of Electronic Espionage of Personal Information within the Budapest Convention on Cybercrime

Abstract

The study aims to identify the most prominent areas and methods of electronic espionage, by explaining and analyzing the general provisions of electronic espionage crimes for personal information in accordance with the provisions of the Budapest Convention on Electronic Crimes. And based on the magnitude of the new risks to electronic information, the huge and increasing phenomenon of information privacy breaches, and its impact on private and public life, several questions arose about what are the most prominent areas and methods of electronic espionage of personal information, which pose a threat to the security of information and personal data within the framework of the Budapest Convention, and What are its most prominent images, pillars, and ways to combat them?. Answering these questions, using the inductive descriptive approach, the study reached several results, the most important of which are:

Cyber espionage crimes related to the protection of electronic personal data are an emerging category of crimes that challenge the traditional rules of criminalization and punishment, which requires that the elements of the crime must be fulfilled in accordance with the principle of legality of crimes and penalties. In this regard, it is necessary for legislative intervention to amend the texts of the Libyan Penal Code or to establish special legislative rules for the protection of electronic personal data.