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Cybersecurity, Privacy and Data Protection in EU Law: A Law, Policy and Technology Analysis [Kietas viršelis]

(Trinity College Dublin, Ireland)
  • Formatas: Hardback, 344 pages, aukštis x plotis x storis: 238x160x24 mm, weight: 700 g
  • Serija: Hart Studies in Information Law and Regulation
  • Išleidimo metai: 23-Mar-2023
  • Leidėjas: Hart Publishing
  • ISBN-10: 1509939393
  • ISBN-13: 9781509939398
  • Formatas: Hardback, 344 pages, aukštis x plotis x storis: 238x160x24 mm, weight: 700 g
  • Serija: Hart Studies in Information Law and Regulation
  • Išleidimo metai: 23-Mar-2023
  • Leidėjas: Hart Publishing
  • ISBN-10: 1509939393
  • ISBN-13: 9781509939398

Is it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law.

The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work's novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation.

An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.

Recenzijos

One of the most comprehensive textbooks concerning EU cybersecurity law ... [ the] book provides the distinct European perspective, and elaborates the issue in an accessible format. -- Marc Stuhldreier * Linköping University (LiU) *

Daugiau informacijos

A compelling account of the challenge of reconciling cybersecurity, privacy and data protection in EU law.
Acknowledgements v
Abbreviations xi
Tables and Figures
xv
Table of Cases
xvii
Table of Legislation
xxiii
Introduction 1(8)
I Investigating the Relationship of the Triad
2(3)
II Plan of the Book
5(4)
PART 1 INTRODUCING CYBERSECURITY, PRIVACY AND DATA PROTECTION LAW AND THEIR INTERPLAY
1 Cybersecurity, Privacy and Data Protection: An Analytical Framework
9(31)
I Studying the Relationship between Cybersecurity, Privacy and Data Protection
10(16)
A Introducing Cybersecurity, Privacy and Data Protection (the Triad)
10(5)
B The Ambivalent Relationship of the Triad
15(7)
C Towards an Analytical Framework to Study the Reconciliation of the Triad
22(4)
II The Triad within the EU Constitutional Architecture: A Policy, Law and Technology Analysis
26(12)
A The EU Constitutional Architecture as a Constraint on the Relationship between Cybersecurity, Privacy and Data Protection
27(9)
B Cybersecurity, Privacy and Data Protection as Situated Objects: Law, Policy and Technology
36(2)
III Conclusion: An Analytical Framework to Study the Relationship of the Triad
38(2)
2 The EU Cybersecurity Policy
40(28)
I The Development of the EU Cybersecurity Policy
40(12)
A The EU's Approach to the Security of Cyberspace before 2013
40(5)
B The Adoption of the EU Cybersecurity Policy
45(3)
C The 2017 `Update' to the Cybersecurity Policy
48(2)
D The 2020 Cybersecurity Policy
50(2)
II The EU Cybersecurity Policy and Law Landscape
52(14)
A Network and Information Security (NIS) and the DSM
53(4)
B Cybercrime, e-Evidence and the AFSJ
57(5)
C Cyber Defence, Diplomacy, Trade and the EA
62(4)
III Conclusion: Tensions within Cybersecurity and the Way Forward
66(2)
3 Privacy: The Right to Respect for Private and Family Life
68(29)
I Sources and Scope of Article 7 CFR
68(9)
A Determination of the Relevant Sources to Interpret Article 7 CFR
69(2)
B The Correspondence between Articles 8 ECHR and 7 CFR
71(6)
II Essential Components of Article 7 of the Charter
77(17)
A `Everyone has the Right to'
77(1)
B `Respect for': Vertical and Horizontal Obligations
78(2)
C `His or Her Private Life'
80(8)
D Family Life (The `Inner Circle')
88(2)
E Home
90(1)
F (Confidential) Communications
91(3)
III Conclusion: Essential Components of Article 7 CFR, Essence
94(3)
4 The Right to the Protection of Personal Data
97(32)
I Sources of Article 8 CFR
97(14)
A EU Sources
98(4)
B Council of Europe Instruments: The ECHR and Convention 108
102(8)
C Other Relevant Sources
110(1)
II Essential Components of Article 8 CFR
111(14)
A Paragraph One: An Inclusive Right to Data Protection
111(8)
B Paragraph Two: Obligation to Process Data Fairly, Purpose Limitation as Essence and Data Subjects' Rights
119(3)
C Everyone has the Right of Access to Data which has been Collected Concerning Him or Her, and the Right to have it Rectified
122(1)
D Paragraph Three: Control by an Independent Authority Ensuring Compliance
123(2)
III Conclusion: Essential Components of Article 8 CFR, Essence
125(4)
PART 2 TECHNOLOGY AND THE TRIAD IN THE DSM, THE AFSJ AND THE EA
5 Cybersecurity, Privacy and Data Protection as Techno-Legal Objects: Investigating the Role of Technology
129(28)
I Leveraging Technology to Appraise the Reconciliation of the Triad
130(11)
A Technology: Security Properties, Threat Modelling, Protection Goals and Design Strategies
130(2)
B Linking Technological and Legal Notions of Cybersecurity, Privacy and Data Protection
132(6)
C Mode of Reconciliation of the Triad: From Overlap to Indeterminacy
138(3)
II Technology as a Regulatory Target: The Effacement of Technology from the Law and its Consequences
141(11)
A The Principle of Technology Neutrality
142(2)
B The Principle of `By Design'
144(2)
C TN and By Design in Practice: TOMs, SoA, Standards and the New Legislative Framework
146(6)
D Interim Conclusions: Technology Effacement and Indeterminacy
152(1)
III Courts, the Effacement of Technology and the Indeterminacy Loop
152(3)
IV Conclusion
155(2)
6 The DSM: Network and Information Security (NIS), Privacy and Data Protection
157(38)
I Reconciliation of Network and Information Security, Privacy and Data Protection: Policy
158(2)
II Reconciliation of NIS, Privacy and Data Protection: Law
160(17)
A Overview of Legal Instruments Relevant to NIS
161(1)
B Comparative Analysis of Selected Instruments
162(14)
C Interim Conclusion: Strong Reconciliation of NIS with Privacy and Data Protection in the Law
176(1)
III Reconciliation of NIS, Privacy and Data Protection: Technology
177(16)
A State-of-the-Art ToMs and the Regulation of ICT Products, Services and Processes: Strong Reconciliation (Im)possible?
178(4)
B State of the Art Technical Measures: The Example of Deep Packet Inspection (DPI)
182(11)
IV Conclusion: Strong Reconciliation of NIS with Privacy and Data Protection Challenged by Technology
193(2)
7 The AFSJ: The Fight against Cybercrime, e-Evidence, Privacy and Data Protection
195(45)
I Reconciliation of the Fight against Cybercrime, e-Evidence, Privacy and Data Protection: Policy
196(4)
II Reconciliation of the Fight against Cybercrime, e-Evidence, Privacy and Data Protection: Law
200(29)
A Reconciling the Fight against Cybercrimes with Privacy and Data Protection
202(17)
B How the Collection of e-Evidence Affects the Reconciliation of the Fight against Cybercrime with Privacy and Data Protection
219(10)
III Reconciliation of the Fight against Cybercrime, E-evidence, Privacy and Data Protection: Technology
229(10)
A `Use of Tools' and Implicit Reference to Technology Neutrality (TN)
230(2)
B Deep Packet Inspection (DPI) in the Fight against Cybercrimes
232(5)
C Beyond DPI: Technical Measures to Fight Cybercrime and Visions of Reconciliation Through Technology
237(2)
IV Conclusion: Weak Reconciliation of the Fight against Cybercrime, e-Evidence, Privacy and Data Protection Challenged by Technology
239(1)
8 The EA: `Cyber' External Action, Privacy and Data Protection
240(21)
I Reconciliation of Cybersecurity, Privacy and Data Protection in the EA: Policy
241(3)
II Reconciliation of Cybersecurity, Privacy and Data Protection in the EA: Law
244(11)
A The Overarching Framework for the Relationship between the Triad in the EA
245(3)
B The Cyber Diplomacy Toolbox with a Focus on Cyber-Related Restrictive Measures
248(6)
C Reconciliation of Cybersecurity, Privacy and Data Protection in EA Law
254(1)
III Technology
255(4)
A The Importance of Technical Attribution for RMs and Some Considerations on Deep Packet Inspection
256(1)
B The Effacement of Technology: International Flow of Values, Norms, Ideas and Impact on the Triad
257(2)
IV Conclusion: Weak Reconciliation of Cyber External Action, Privacy and Data Protection Challenged by Technology
259(2)
Conclusion
261(9)
I Summary of Findings
261(6)
II Research Trajectories and the Future of the Triad
267(3)
Bibliography 270(23)
Index 293
Maria Grazia Porcedda is Assistant Professor of Information Technology Law at Trinity College Dublin, Ireland.