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Acknowledgements
Abbreviations
Tables and Figures
Table of Cases
Table of Legislation
Introduction
I Investigating the Relationship of the Triad
II Plan of the Book
PART 1 INTRODUCING CYBERSECURITY, PRIVACY AND DATA PROTECTION LAW AND THEIR INTERPLAY
1 Cybersecurity, Privacy and Data Protection: An Analytical Framework
I Studying the Relationship between Cybersecurity, Privacy and Data Protection
A Introducing Cybersecurity, Privacy and Data Protection (the Triad)
B The Ambivalent Relationship of the Triad
C Towards an Analytical Framework to Study the Reconciliation of the Triad
II The Triad within the EU Constitutional Architecture: A Policy, Law and Technology Analysis
A The EU Constitutional Architecture as a Constraint on the Relationship between Cybersecurity, Privacy and Data Protection
B Cybersecurity, Privacy and Data Protection as Situated Objects: Law, Policy and Technology
III Conclusion: An Analytical Framework to Study the Relationship of the Triad
2 The EU Cybersecurity Policy
I The Development of the EU Cybersecurity Policy
A The EU's Approach to the Security of Cyberspace before 2013
B The Adoption of the EU Cybersecurity Policy
C The 2017 `Update' to the Cybersecurity Policy
D The 2020 Cybersecurity Policy
II The EU Cybersecurity Policy and Law Landscape
A Network and Information Security (NIS) and the DSM
B Cybercrime, e-Evidence and the AFSJ
C Cyber Defence, Diplomacy, Trade and the EA
III Conclusion: Tensions within Cybersecurity and the Way Forward
3 Privacy: The Right to Respect for Private and Family Life
I Sources and Scope of Article 7 CFR
A Determination of the Relevant Sources to Interpret Article 7 CFR
B The Correspondence between Articles 8 ECHR and 7 CFR
II Essential Components of Article 7 of the Charter
A `Everyone has the Right to'
B `Respect for': Vertical and Horizontal Obligations
C `His or Her Private Life'
D Family Life (The `Inner Circle')
E Home
F (Confidential) Communications
III Conclusion: Essential Components of Article 7 CFR, Essence
4 The Right to the Protection of Personal Data
I Sources of Article 8 CFR
A EU Sources
B Council of Europe Instruments: The ECHR and Convention 108
C Other Relevant Sources
II Essential Components of Article 8 CFR
A Paragraph One: An Inclusive Right to Data Protection
B Paragraph Two: Obligation to Process Data Fairly, Purpose Limitation as Essence and Data Subjects' Rights
C Everyone has the Right of Access to Data which has been Collected Concerning Him or Her, and the Right to have it Rectified
D Paragraph Three: Control by an Independent Authority Ensuring Compliance
III Conclusion: Essential Components of Article 8 CFR, Essence
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
I Leveraging Technology to Appraise the Reconciliation of the Triad
A Technology: Security Properties, Threat Modelling, Protection Goals and Design Strategies
B Linking Technological and Legal Notions of Cybersecurity, Privacy and Data Protection
C Mode of Reconciliation of the Triad: From Overlap to Indeterminacy
II Technology as a Regulatory Target: The Effacement of Technology from the Law and its Consequences
A The Principle of Technology Neutrality
B The Principle of `By Design'
C TN and By Design in Practice: TOMs, SoA, Standards and the New Legislative Framework
D Interim Conclusions: Technology Effacement and Indeterminacy
III Courts, the Effacement of Technology and the Indeterminacy Loop
IV Conclusion
6 The DSM: Network and Information Security (NIS), Privacy and Data Protection
I Reconciliation of Network and Information Security, Privacy and Data Protection: Policy
II Reconciliation of NIS, Privacy and Data Protection: Law
A Overview of Legal Instruments Relevant to NIS
B Comparative Analysis of Selected Instruments
C Interim Conclusion: Strong Reconciliation of NIS with Privacy and Data Protection in the Law
III Reconciliation of NIS, Privacy and Data Protection: Technology
A State-of-the-Art ToMs and the Regulation of ICT Products, Services and Processes: Strong Reconciliation (Im)possible?
B State of the Art Technical Measures: The Example of Deep Packet Inspection (DPI)
IV Conclusion: Strong Reconciliation of NIS with Privacy and Data Protection Challenged by Technology
7 The AFSJ: The Fight against Cybercrime, e-Evidence, Privacy and Data Protection
I Reconciliation of the Fight against Cybercrime, e-Evidence, Privacy and Data Protection: Policy
II Reconciliation of the Fight against Cybercrime, e-Evidence, Privacy and Data Protection: Law
A Reconciling the Fight against Cybercrimes with Privacy and Data Protection
B How the Collection of e-Evidence Affects the Reconciliation of the Fight against Cybercrime with Privacy and Data Protection
III Reconciliation of the Fight against Cybercrime, E-evidence, Privacy and Data Protection: Technology
A `Use of Tools' and Implicit Reference to Technology Neutrality (TN)
B Deep Packet Inspection (DPI) in the Fight against Cybercrimes
C Beyond DPI: Technical Measures to Fight Cybercrime and Visions of Reconciliation Through Technology
IV Conclusion: Weak Reconciliation of the Fight against Cybercrime, e-Evidence, Privacy and Data Protection Challenged by Technology
8 The EA: `Cyber' External Action, Privacy and Data Protection
I Reconciliation of Cybersecurity, Privacy and Data Protection in the EA: Policy
II Reconciliation of Cybersecurity, Privacy and Data Protection in the EA: Law
A The Overarching Framework for the Relationship between the Triad in the EA
B The Cyber Diplomacy Toolbox with a Focus on Cyber-Related Restrictive Measures
C Reconciliation of Cybersecurity, Privacy and Data Protection in EA Law
III Technology
A The Importance of Technical Attribution for RMs and Some Considerations on Deep Packet Inspection
B The Effacement of Technology: International Flow of Values, Norms, Ideas and Impact on the Triad
IV Conclusion: Weak Reconciliation of Cyber External Action, Privacy and Data Protection Challenged by Technology
Conclusion
I Summary of Findings
II Research Trajectories and the Future of the Triad
Bibliography
Index

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Cybersecurity, privacy and data protection in EU law : a law, policy and technology analysis 이용현황 표 - 등록번호, 청구기호, 권별정보, 자료실, 이용여부로 구성 되어있습니다.
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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 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.

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