Status regarding Budapest ConventionStatus : NA See legal profile
The Government of Brunei has not yet adopted a cybercrime strategy. However, new cyber security laws are currently being drafted (2020).
State of cybercrime legislation
Brunei adopted a specific Computer Misuse Act in 2007. It includes penal substantive rules, as well as procedural rules.
- The Computer Misuse Act (2007) criminalizes the following offenses: unauthorised access to, and modification of computer material; access with intent to commit or facilitate commission of offence; unauthorised use or interception of computer service; unauthorised obstruction of use of computer; unauthorised disclosure of access code; refers to protected computers and law enforcement powers. Chapter 184 is the main source of substantive law provisions.
- Emergency (Copyright) Order (1999) – covers copyright infringements and protection, including in relation to telecommunications systems.
- Electronic Transactions Act (2008) – concerns digital records and signatures
- Specific legislation on child online protection has been enacted through:
- Sections 292-294 of the Brunei Penal Code (1951)
- Section 3 of the Undesirable Publications Act
The Computer Misuse Act Power includes reference to police officer powers to access computer and data, these procedural powers being equivalent to search and seizure and production order.
- The Criminal Investigation Department (CID) of the Royal Brunei Police Force is responsible for criminal investigations, but does not have a dedicated cybercrime unit.
- BruCERT – Brunei National Computer Emergency Response Team.
- The Criminal Justice Division of the Attorney General’s Chambers is responsible for conducting criminal prosecution, advising law enforcement agencies regarding criminal law issues and supervising them in the investigation of cases, conducting seminars with stakeholders including on cybercrime cases prosecuted in Brunei Darussalam.
- Establishing a National Cyber Security Agency is ongoing.
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.
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- Cybercrime website
- Template: Mutual Legal Assistance Request for subscriber information (Art. 31 Budapest Convention). English and bilingual versions available.
- Template: Data Preservation Request (Articles 29 and 30 Budapest Convention). English and bilingual versions available.