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Research Paper (undergraduate) from the year 2018 in the subject Law - European and International Law, Intellectual Properties, grade: 5/5, Tallinn University (TTÜ Tallinn - University Of Technology), course: Cybersecurity Law, language: English, abstract: The Internet is overwhelmed by personal data, that are massively collected and traded, and it is quite common in our everyday life to hear news concerning cyber-attacks, or generally cyber-threats that, increasingly, have the purpose of violating users’ data. Moreover, States on an international level have shown serious difficulties in creating binding treaties to protect efficiently the data subjects as some recent scandals proved. In fact, with the growing importance and involvement of personal data it will be difficult to think at all the authorities to prevent or to countercheck efficiently the future cyber-threats and so I would like to show in the following chapters how the right to be forgotten might become the crucial factor with which individuals can protect themselves and their rights. Furthermore, I will try to analyze the right to be forgotten and its relevancy for cybersecurity within three fundamental aspects. Firstly, how EU citizens may use appropriately the right to be forgotten to prevent the harmfulness of cyber-attacks; secondly, which are the limits of this right in order not be itself prejudicial for cyber-security, eventually the tensions among citizens, governments and enterprises in ensuring protection and security. The right to be forgotten has been analyzed by the European Court of Justice in “Google Spain Case” taking as a reference point the directive 95/46. In the judges’ opinion, Google and the other search engines must be considered as “the controllers” and they have the duty to erase those data that have not any more a public interest that justifies them, and if there is an order laid down by a judge. In this research I am taking into account some issues of Italian National Law, that can be useful to extend the reasonings analogically to other Countries. Furthermore, to analyze the digital education of the data subjects I am taking as an example Singapore.
This book offers a comparative perspective on data protection and cybersecurity in Europe. In light of the digital revolution and the implementation of social media applications and big data innovations, it analyzes threat perceptions regarding privacy and cyber security, and examines socio-political differences in the fundamental conceptions and narratives of privacy, and in data protection regimes, across various European countries. The first part of the book raises fundamental legal and ethical questions concerning data protection; the second analyses discourses on cybersecurity and data protection in various European countries; and the third part discusses EU regulations and norms intended to create harmonized data protection regimes.
This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.
In “The Cyber Law Handbook: Bridging the Digital Legal Landscape,” we delve into the complex and ever-evolving field of cyber law, an area that has become increasingly significant in our digital age. This comprehensive guide navigates through the intricate web of legalities in cyberspace, addressing the fundamental concepts, jurisdictional challenges, and the impact of technological advancements on legal frameworks. From the foundational aspects of cyber law to the latest developments in blockchain technology and emerging tech, each chapter is meticulously crafted to provide insights into how the law intersects with the digital world. The book is designed not only for legal professionals but also for students, policymakers, and anyone interested in understanding the legal dynamics of the digital era.
Implementing appropriate security measures will be an advantage when protecting organisations from regulatory action and litigation in cyber security law: can you provide a defensive shield? Cyber Security: Law and Guidance provides an overview of legal developments in cyber security and data protection in the European Union and the United Kingdom, focusing on the key cyber security laws and related legal instruments, including those for data protection and payment services. Additional context is provided through insight into how the law is developed outside the regulatory frameworks, referencing the 'Consensus of Professional Opinion' on cyber security, case law and the role of professional and industry standards for security. With cyber security law destined to become heavily contentious, upholding a robust security framework will become an advantage and organisations will require expert assistance to operationalise matters. Practical in approach, this comprehensive text will be invaluable for legal practitioners and organisations. It covers both the law and its practical application, helping to ensure that advisers and organisations have effective policies and procedures in place to deal with cyber security. Topics include: - Threats and vulnerabilities - Privacy and security in the workplace and built environment - Importance of policy and guidance in digital communications - Industry specialists' in-depth reports - Social media and cyber security - International law and interaction between states - Data security and classification - Protecting organisations - Cyber security: cause and cure Cyber Security: Law and Guidance is on the indicative reading list of the University of Kent's Cyber Law module.
Legal Issues of Digitalisation, Robotization and Cyber Security in the Light of EU Law By Nadežda Šišková, (ed.) The current extremely rapid and dynamic development of modern technologies and the unprecedented degree of their integration into the everyday life of every person are radically changing the previous modus vivendi in the society. The emergence of the Internet and the continuous development of digital technologies have brought into fore a number of new legal problems and issues that require a timely solution and proper and effective legal regulation by the EU as one of the leading regulators of the digital world. The technological developments have opened a new “window” to the borderless world of the Internet, giving a person an opportunity to exercise his/her fundamental rights at a new and unprecedented level. This unique book thus presents the key information and solves the related problems concerning the legal regulation of the usage of modern technologies in everyday life. The book is conceived in a form of a collective monograph prepared by an international team of renowned researchers from famous European Universities (Heidelberg University, Palacky University in Olomouc, Tallinn University of Technology, Comenius University in Bratislava and Shevchenko University in Kyiv) and scientific legal societies as well as top-level experts from practice. This team is representing the countries with the highest level of integration of modern technologies (Estonia, Germany, Czech Republic, Slovakia) or has a unique experience with provision of cyber security in the extreme conditions. The book creates a main output from the research project with the title “The EU and the Challenges of Modern Society (legal issues of digitalization, robotization, cyber security and prevention of hybrid threats)” granted by the EACEA in the category of Jean Monnet network. The publication of the book is supported by the financial subsidy in the amount of 3 000 Euro, sent by Palacky University to the Publisher (Intersentia). Topics that the authors focus on: - The European approach to the right to Internet access - Artificial Intelligence and the Challenges for the Theory of Human Rights - GDPR and the Right to Personal Data and Privacy in a Modern Society - Consumer Protection in the on-line World Future challenges in consumer protection - Competition Law in a Digital Economy - EU Regulation of On-line Platforms - Pricing Algorithms and Anticompetitive Agreements - EU legal framework of software security vulnerabilities - New Cybersecurity Rules for Markets in Crypto-Assets in the EU Law The primarily readers/users are: - legal experts in European law - legal researchers and scientific societies dealing with EU matters, - IT specialists, - personal data specialists, - scholars and students in European countries and America (UK, USA, EU and candidate countries, etc.). - compulsary source for students the Palacky University (Czech Republic), Heidelberg University (Germany), Talin Techinic University (Estonia), Comenius University in Bratislava (Slovakia), Kyiv Shevchenko University (Ukraine) Benefits: - the analysis of the most important and thorny legal issues of the process digitalisation, robotization and providing of cyber security - the proposals de lege ferenda concerning the optimal ways of legal regulation of the mentioned process Great number of key legislative acts were adopted at the level of the EU. The conclusions will summarise the key ideas of the authors and the proposals de lege ferenda concerning the whole text. The same refers to the preface, which will be prepared by the Vice-President of the European Commission Vera Jourová (responsible for Values and Transparency) which will relate to the whole text.
This book provides an overview of the topics of data, sovereignty, and governance with respect to data and online activities through a legal lens and from a cybersecurity perspective. This first chapter explores the concepts of data, ownerships, and privacy with respect to digital media and content, before defining the intersection of sovereignty in law with application to data and digital media content. The authors delve into the issue of digital governance, as well as theories and systems of governance on a state level, national level, and corporate/organizational level. Chapter three jumps into the complex area of jurisdictional conflict of laws and the related issues regarding digital activities in international law, both public and private. Additionally, the book discusses the many technical complexities which underlay the evolution and creation of new law and governance strategies and structures. This includes socio-political, legal, and industrial technical complexities which can apply in these areas. The fifth chapter is a comparative examination of the legal strategies currently being explored by a variety of nations. The book concludes with a discussion about emerging topics which either influence, or are influenced by, data sovereignty and digital governance, such as indigenous data sovereignty, digital human rights and self-determination, artificial intelligence, and global digital social responsibility. Cumulatively, this book provides the full spectrum of information, from foundational principles underlining the described topics, through to the larger, more complex, evolving issues which we can foresee ahead of us.
This new textbook offers an accessible introduction to the topic of cybersecurity ethics. The book is split into three parts. Part I provides an introduction to the field of ethics, philosophy and philosophy of science, three ethical frameworks – virtue ethics, utilitarian ethics and communitarian ethics – and the notion of ethical hacking. Part II applies these frameworks to particular issues within the field of cybersecurity, including privacy rights, intellectual property and piracy, surveillance, and cyberethics in relation to military affairs. The third part concludes by exploring current codes of ethics used in cybersecurity. The overall aims of the book are to: provide ethical frameworks to aid decision making; present the key ethical issues in relation to computer security; highlight the connection between values and beliefs and the professional code of ethics. The textbook also includes three different features to aid students: ‘Going Deeper’ provides background information on key individuals and concepts; ‘Critical Issues’ features contemporary case studies; and ‘Applications’ examine specific technologies or practices which raise ethical issues. The book will be of much interest to students of cybersecurity, cyberethics, hacking, surveillance studies, ethics and information science.