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Cybersecurity, Privacy and Data Protection in EU Law: A Law, Policy and Technology Analysis


ISBN13: 9781509939398
Published: March 2023
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition not yet published, ISBN13 9781509966080



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Is it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for European democratic societies, where 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 identifies tensions inherent in the EU cybersecurity policy and its implementation, the reach of cyberspace and its security, the meaning of 'data', as well as the value of privacy and data protection.

The book's novel analysis looks at the interplay between the design of the technology implementing the applicable law, such as the GDPR and the NIS Directive, and the layered configuration of fundamental rights in EU law. This original analysis outlines the possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from outright clash to complementarity.

An essential read for scholars and practitioners of IT law alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices, which require deciding what needs to be protected, and how.

Subjects:
Data Protection, EU Law, IT, Internet and Artificial Intelligence Law
Contents:
Introduction

Part One – The EU cyber security policy within the EU constitutional architecture
1. The EU cyber security policy
2. The rule of law-based EU ordre public shapes the relationship between cyber security, privacy and data protection

Part Two – Privacy and data protection in EU law, and the role of technology
3. The fundamental right to privacy in EU law
4. The fundamental right to data protection in EU law
5. Technology, cyber security and rights

Part Three – The interplay between cybersecurity, privacy and data protection in EU law
6.Network and Information Security (pillar one)
7.Cybercrime and e-evidence (pillar two)
8.Defence and diplomacy (pillar three)
Conclusion