Accessibility |

COPFS

Information on “Cybercrime” offences – (R016170) - June 2017

Thank you for your request dated 25 May 2017 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information:

"1.      How many crime reports did COPFS receive from Police Scotland in relation to a cybercrime or cyber-related crime in each year since 2010?

2.      From the crime reports under question 1, how many were

a.       Set for prosecution under the following legislation

o   Computer Misuse Act 1990
o   Data Protection Act 1998
o   Human Rights Act 1998
o   Telecommunications (Data Protection and Privacy) Regulations 1999
o   Terrorism Act 2000
o   Regulation of Investigatory Powers Act 2000
o   The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
o   Extradition Act 2003
o   Police and Justice Act 2006
o   EU Directive 2013/40/EU
o   Crime and Courts Act 2013
o   Serious Crime Act 2015

b.      Not set for prosecution"

I also refer to our telephone conversation on 2 June, where I advised that we would be unable to comply with your request within cost limits as we were unable to extract "cybercrime" offences from our database without extensive manual checks.

Following discussion, you requested information on the number of charges reported in respect of the above Acts to enable you to refine your request.

Please be aware it is unlikely that we would be able to manually check more than 200 cases within costs limits.

Our database shows charges reported under the undernoted Acts:

Computer Misuse Act 1990

Data Protection Act 1998

Terrorism Act 2000

Regulation of Investigatory Powers Act 2000

I attach a table at Annex providing the number of charges reported under each Act. I also attach a brief explanation of each of the different offences reported under each Act. This is not, however, an assertion that these charges involve cybercrime. I hope however it assists you in refining your request. Please be aware that one or more charges may relate to the same case.

There are no charges reported under the undernoted Acts, however, please be aware that we have not examined the legislation to ascertain if they contain criminal offences

Human Rights Act 1998

Telecommunications (Data Protection and Privacy) Regulations 1999

The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000

Extradition Act 2003

Police and Justice Act 2006

EU Directive 2013/40/EU

Crime and Courts Act 2013

Serious Crime Act 2015