Cyber Law at Yemen
Cyber law in Yemen faces significant challenges due to the ongoing conflict and an outdated, fragmented legislative framework. While some laws touch upon aspects of cybercrime and data, a comprehensive and modern legal structure specifically addressing the complexities of the digital realm is largely absent.
Here's a breakdown of the current situation regarding cyber law in Yemen:
1. Lack of Comprehensive Cybercrime Legislation:
Outdated Laws: Yemen does not have a dedicated, comprehensive cybercrime law. Instead, authorities often try to apply existing general laws, such as the Penal Code of 1994 and the Press and Publications Law of 1990, to address cyber-related offenses. This leads to difficulties in effectively prosecuting modern cybercrimes like hacking, online extortion, and sophisticated fraud, as these laws were not designed with the digital environment in mind.
Limited Scope of Existing Laws: Law No. 40 of 2006 on Electronic Payment Systems for Financial and Banking Operations is one of the few pieces of legislation that specifically addresses some electronic offenses, primarily related to financial and banking operations. However, it's limited in scope and doesn't cover the broader spectrum of cybercrime.
Principle of Criminal Legality: The Yemeni Constitution and Penal Code uphold the principle of criminal legality, meaning "no crime or punishment without a law." This makes it challenging for judges to expand the interpretation of existing laws to criminalize new actions that are not explicitly defined as offenses in the legislature.
Draft Laws: There have been discussions and draft laws concerning information crimes and electronic transactions, but their progress and implementation are hampered by the political instability.
2. Data Protection and Privacy:
No Dedicated Data Protection Law: Yemen currently does not have a specific, comprehensive data protection or privacy law that aligns with international standards like GDPR.
Limited Provisions: While some laws, like **Law No.
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