Criminal Protection of Banking Information Systems and their Data from the Risk of Abstract Endangerment Crimes: A Comparative Study between the Jordanian Cybercrime Law and its Counterparts in the Gulf Cooperation Council Countries
Dr. Abdullah Mohammed Ehjelah
Assistant Professor of Criminal Law
Faculty of Law, Yarmouk University, Irbid, Jordan
strong style=”color: #d3af59;”>Amira Saeed Sulaiman Al shamasi
Researcher, Criminal Law
Faculty of Law, Yarmouk University, Irbid, Jordan
Abstract:
This study addresses the criminal protection of banking information technology (IT) systems, and the information they contain from the risk of crimes of conduct devoid of consequence according to the Jordanian Cybercrime Law and its counterparts in the Gulf Cooperation Council (GCC) Countries. This study sought to solve several problems foremost of which is Article (7) of the Jordanian Cybercrime Law which stipulates a unified penalty for several crimes that endanger banking IT systems despite the varying degree of gravity of these crimes. On the other hand, the Jordanian, Kuwaiti, Bahraini and Saudi laws do not include an explicit provision for the crime of unauthorized lingering in the banking IT system.
The study reached several conclusions, including: the Jordanian Cybercrime Law and the Cybercrime laws of the (GCC) countries (with the exception of the Qatari and Bahraini laws), provide relative criminal protection for the banking IT system from the risk of conduct crimes that do not acquire a result. Furthermore, the misdemeanor penalties stipulated in the Omani, Kuwaiti and Saudi laws are not proportionate to the gravity of the crime of illegal access into the banking IT system that threatens the safety of banking information.
The study makes several recommendations, including: amend the penalty stipulated under Article (7) of the Jordanian Cybercrime Law, so that it varies in intensity according to the gravity of the crime. Furthermore, the relevant Jordanian, Kuwaiti, Bahraini and Saudi laws should include a text criminalizing the act of unauthorized lingering in banking IT systems, and that the Omani, Kuwaiti and Saudi lawmakers should increase the penalty for crimes that pose a threat to the safety of banking information, to become a felony.
Keywords: IT system, banking, abstract endangerment, risk, offences, penalties.