Civil-Military Relations and Democratic Control of the Security Sector

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Democratic Control in Special Cases
for the Protection of Human Rights and Fundamental Freedoms, the 1966 United Nations International
Covenant on Civil and Political Rights, and other applicable international human rights
instruments.” 18
In December 2000, the General Assembly of the United Nations issued a Resolution on
“Combating the Criminal Misuse of Information Technologies.” 19 One particular emphasis of this
Resolution is on the role of the Commission on Crime Prevention and Criminal Justice to make
law enforcement more effective. In addition to the importance of the international cooperation in
combating cybercrime, the Resolution also underlines the importance of the cooperation between
the public and the private sectors.
Romania provides one example of national legislation on cybercrime that follows definitions
adopted by the Council of Europe. In this particular case the legislation on preventing and fighting
cybercrime is part of Romania’s Anti-corruption Law. 20
Security of information systems and infrastructure
While the proper application of advanced information technologies provides competitive advantages
and accelerates economic growth, the increasing dependence of businesses and public
services on complex information and communications systems brings concerns—in business
communities, governments, and international organizations—in regard to related risks. For
example, in November 1992 the Council of the Organization for Economic Cooperation and
Development (OECD) issued detailed guidelines on security of information systems 21 that “Aim
to:
Promote a culture of security among all participants as a means of protecting information
systems and networks.
Raise awareness about the risk to information systems and networks; the policies, practices,
measures and procedures available to address those risks; and the need for their adoption
and implementation.
Foster greater confidence among all participants in information systems and networks and
the way in which they are provided and used.
Create a general frame of reference that will help participants understand security issues
and respect ethical values in the development and implementation of coherent policies,
practices, measures and procedures for the security of information systems and networks.
18 CoE Convention on Cybercrime, Article 15, Conditions and safeguards.
19 UN General Assembly Resolution 55/63 (22 January 2001), (12 October
2004).
20 Anti-corruption law, Title III on preventing and fighting cyber-crime. Unofficial translation of this title is
available at http://www.legi-internet.ro/en/cybercrime.htm (12 October 2004).
21 OECD Guidelines for the Security of Information Systems and Networks: Towards a Culture of Security,
Directorate for Science, Technology and Industry, Organisation for Economic Co-operation and Development,
Adopted as Recommendation of the OECD Council, 25 July 2002 (13 October 2004).