European Union Law Privacy and Data Protection

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

By Maria Grazia Porcedda
Hart Publishing September 2024

Specifications

ISBN-13
9781509966080
Publisher
Hart Publishing
Publication
September 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

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.

Table of Contents

Introduction

Part One: Introducing Cybersecurity, Privacy and Data Protection Law and their Interplay
1. Cybersecurity, Privacy and Data Protection: An Analytical Framework
2. The EU Cybersecurity Policy
3. Privacy: The Right to Respect for Private and Family Life
4. The Right to the Protection of Personal Data

Part Two: 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
6. The DSM: Network and Information Security (NIS), Privacy and Data Protection
7. The AFSJ: The Fight against Cybercrime, e-Evidence, Privacy and Data Protection
8. The EA: 'Cyber' External Action, Privacy and Data Protection

Conclusion
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