Algoritms kā būtiska kaitējuma noteikšanas metode noziedzīgos nodarījumos, kas saistīti ar automatizētu datu apstrādes sistēmu (ADAS)

Abstract

The aim of the article is to analyse the problem of applying substantial harm in offenses against the security of information systems, in particular Paragraph one of Article 241 and the paragraph one and two of Article 243 of the Criminal Law. Although substantial harm is defined in Article 23 of the Law on the Procedures for the Coming into Force and Application of the Criminal Law, the wording of the current law and its application in the court practice of Latvia is still problematic. The authors have studied the European Union and regulations in Latvia on the network and information system, which provides security of services essential to society. The authors concluded that systems which provide essential service and significant impact of service must be recognised as the direct object of the offense of Article 241, Paragraph three and Article 243, Paragraph five of the Criminal Law. Furthermore, it is not necessary to prove existence of harmful effects in order to prosecute these offenses. The authors propose to introduce a classification of information systems that would functionally cover all existing systems in the country. Therefore, the authors propose to simplify this process of determining significant damage and replace the current procedure with an algorithm. General methods of scientific research and methods of legal interpretation have been used in the research. Keywords: algorithm, automated data processing system, substantial harm, security incident, non-material loss, criminal delinquency