الأمن الإلكتروني وفقا للتشريع الجزائري : الهيئة الوطنية للوقاية من الجرائم المتصلة بتكنولوجيات الإعلام و الاتصال نموذجا

Abstract EN

Humanity has witnessed rapid developments by the beginning of the 20th century.

These developments have a strong relationship with technology and informatics.

In age of technology, illiteracy doesn’t mean inability to read or write; but it exceeds the tangible limits to reach hypothetical ones.

The human nature has innate contradicting characteristics.

Although technology offers welfare advantages, it is affected by new negative behaviors against law.

Along with digitization forms, electronic dealings have appeared, and subsequently cybercrimes.

Cybercrimes which accompanied the technology development and usage are competing traditional crimes by their amount, scope, and forms.

Cybercrimes have become a real problem that needs to be treated by the legislator.

Therefore, the legislator tries to fill the gaps of the traditional legal provisions and modify them to be compatible to the new changes.

Accordingly, illegal electronic dealings can be monitored to stabilize all security dimensions; especially the cybersecurity dimension.

According to what mentioned above, I have discussed in this research a new topic in Algeria.

This research topic is associated with cybersecurity according to Algerian legislation (The National Authority for Preventing and Combating Crimes Related to Media and Communication Techniques as a Model).

It reflects the legislative attention to security and its components by making periodical amendments on legislations to be compatible to the world developments.

Such amendments can also satisfy the needs of Algerian state to consolidate the foundations of law and justice.

Technology has become vital for life activities.

It constitutes a part of people interests and privacy.

It has legal and illegal usages.

Therefore, it is necessary to establish an authority responsible for preventing any illegal usage of technology.

The Algerian legislator called this authority “The National Authority for Preventing and Combating Crimes Related to Media and Communication Techniques”.

It is a modern model responsible for ensuring cybersecurity.

The study introduction highlights the study importance, main problem, and subsidiary questions.

It adopts an approach including the analytical approach and comparative approach for making comparisons between Algerian, French, and Emirati legislations when it is necessary for research.

However, the research dimensions related to Algerian legislations lack specialized jurisprudential studies because this authority is newly established, and its duties are analyzed and described as soon as its establishment legal provision comes into force after publishing in the Algerian official gazette.

For demonstrating the important aspects of the study, it is divided into two researches.

The first research defines the components of the National Authority for Preventing and Combating Crimes Related to Media and Communication Techniques according to the Algerian legislation.

These components are explored from functional independence side, as this authority legal entity is one of the most important evidences of functional independence for administrative authorities.

Moreover, the rules of procedures of the independent authority, financial and administrative independence, and independence of the authority members that is apparent in its form, members appointment, or legal period of authority membership affirm the authority independence.

The functional independence limits can be realized by the control of both executive and judicial authorities.

The second research sheds light on the jurisdictions of the National Authority for Preventing and Combating Crimes Related to Media and Communication Techniques by virtue of two requirements.

The first requirement related to the general and principal jurisdiction of the authority.

It includes detailed discussions on how to make a balance between the authority duties and the constitutional guarantees for maintaining secrecy of all forms of correspondence and private communications that is protected under article No.

39 of the Algerian constitution.The second requirement describes the detailed duties of the authority structures.

By the end of the study, there are some findings as follow: S Cybersecurity has become vital for supporting the bases of the state of law and justice.

Accordingly, it is necessary to establish a legislative concept for cybersecurity and identify its components and bases.

S The Algerian legislator has not shown the role played by the National Authority for Preventing and Combating Crimes Related to Media and communication Techniques in emergency cases.

Therefore, the presidential decree No.

15 - 261 dated on 8th October, 2015 should be amended.

S Adopting illegal procedures for combating specific criminal behavior leads to imposing penalties on both innocents and convicts.

It is impossible to distinguish between terrorist acts and non-terrorist ones.

Subsequently, personal liberty may be greatly violated.

Therefore, a just balance between security challenges and protection of basic human rights; including personal liberty, should be made.

S The Algerian legislator has not set in the presidential decree No.

15 - 261 dated on 8th October, 2015 the legal dates for retention and disposal of information collected as a result of performing the duties of the national authority.

We indicate this note for paying attention to the importance of personal liberties protection.

S The cybercrime development exceeds the extent of traditional legislative provisions and mechanisms of crime prevention and combating.

Therefore, the cyber environment requires identification of cybersecurity components.