Cybercrime policies/strategies
The Kingdom of Bahrain published a National Cybersecurity Strategy in 2017, which addressed the threats, including cybercrime, which threaten the country’s interests in cyberspace. The strategy also announced the creation of a National Cybersecurity Committee. A new National Cybersecurity Strategy is being discussed.
Cybercrime legislation
State of cybercrime legislation
Substantive law
Law No. 60 concerning Information Technology Crime lists offences considered as cybercrimes. The first part of the law contains three sections: Crimes against IT systems (Art. 2 – Art. 6); Crimes related to the means of information technology (Art. 7 – Art. 9) and Crimes related to content (Art. 10) – including reference to child pornography offenses.
The Law concerning Information Technology Crimes of 2014 includes implementation of the substantive law provisions, such as illegal access, data interference, illegal interception and misuse of devices, as well as content-related offences of fraud and child pornography.
The same Law contains specific implementation of procedural powers referring mostly to preservation and production of data.
Draft Law on Cybercrime introducing elements of the Budapest Convention has been discussed since 2014.
Procedural law
Law No. 60 concerning Information Technology Crime contains procedural powers applicable to offenses listed in the same law, as well as offenses provided for any other law if committed using IT systems or in any criminal investigations where evidence is collected in electronic form. Chapter II: Procedures for IT crimes of contains reference to expedited data retention (Art. 12), production order (Art. 13), partial disclosure (Art. 14), search (Art. 15).
Safeguards
- International Human Rights Treaties ratified.
- The Constitution of the Kingdom of Bahrain (2002) contains some provisions on data protection, privacy and freedom of electronic communication.
Related laws and regulations
Constitution of Bahrain (2002) which contains provisions on data protection and privacy [unofficial translation]
Law No. 30 of 2018 regarding Issuing the Protecting Personal Data law [unofficial translation]
Decree/Law No. (54) for the year 2018 for Issuance of Letters and Electronic Transactions
Decree of the Prime Minister No. 36 2018 regulating the technical requirements for sending, receiving and updating the electronic records and signatures of the public bodies
Law No. 16 of 2014 regarding the Protection of Information and State Documents [only in Arabic]
Law No. 16 concerning the Protection of State Information and Documents (2014)
Telecommunications Law (Legislative Decree No. 48 of 2002), which establishes Telecommunications Regulatory Authority [unofficial translation]
Law No. 28 concerning Electronic Transactions (2002) [unofficial translation]
Law No. 48 concerning Telecommunications (2002) [unofficial translation]
Specialised institutions
The Cyber Crime Directorate under The General Directorate of Anti-corruption and Economic and Electronic Security of the Ministry of Interior Affairs is responsible for investigating and reporting on cybercrime.
A National Cyber Security Center was established by Royal Decree No. (65) of 2017. It is notably in charge of providing consultation in the fields of cyber policies, cybersecurity, and security system development.
Bahrain has an officially recognized CERT (CERT.bh) mandated by Bahrain’s Supreme Council for Information and Communication Technology through Resolution No. 37-2/2013. However, CERT.bh is currently under formation.
International cooperation
Practical guides, templates and best practices
By Law No. 2 of 2017, Bahrain signed and ratified the Arab Contention on Combating Information Technology Offences.
Jurisprudence/case law
Sources and links
- General Directorate of Anti-corruption and Economic and Electronic Security
- National Cyber Security Center
- National Cybersecurity Strategy (2017)
- Constitution of Bahrain (2002) which contains provisions on data protection and privacy [unofficial translation]
- Law No. 30 of 2018 regarding Issuing the Protecting Personal Data law [unofficial translation]
- Decree/Law No. (54) for the year 2018 for Issuance of Letters and Electronic Transactions
- Decree of the Prime Minister No. 36 2018 regulating the technical requirements for sending, receiving and updating the electronic records and signatures of the public bodies
- Law No. 2 of 2017 for Ratifying the Arab Agreement in Combating IT Crimes
- Law No. 16 of 2014 regarding the Protection of Information and State Documents [only in Arabic]
- Law No. 60 concerning Information Technology Crimes (2014) [only in Arabic] [unofficial translation]
- Law No. 28 concerning Electronic Transactions (2002) [unofficial translation]
- Law No. 48 concerning Telecommunications (2002) [unofficial translation]