Cybersecurity, Privacy and Data Protection in EU Law

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.

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