{"title":"Towards a right to cybersecurity in EU law? The challenges ahead","authors":"Pier Giorgio Chiara","doi":"10.1016/j.clsr.2024.105961","DOIUrl":null,"url":null,"abstract":"<div><p>This article aims to engage with the scholarly debate on the introduction of a new fundamental right to cybersecurity in EU law. In particular, the legal analysis focuses on three legal challenges brought about by a theoretical framework for development of a new right to cybersecurity. They regard: i) the need for a new right to cybersecurity against the background of the existing fundamental right to security (Art. 6 EU Charter of Fundamental Rights, CFR); ii) the actual content of this new right; and, iii) how such a new right could be implemented. The article concludes by advocating for the need of acknowledging a new right to cybersecurity in EU law.</p></div>","PeriodicalId":51516,"journal":{"name":"Computer Law & Security Review","volume":"53 ","pages":"Article 105961"},"PeriodicalIF":3.3000,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0267364924000281/pdfft?md5=25ebeae947069d6e07371338c4afa2c7&pid=1-s2.0-S0267364924000281-main.pdf","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Computer Law & Security Review","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0267364924000281","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
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Abstract
This article aims to engage with the scholarly debate on the introduction of a new fundamental right to cybersecurity in EU law. In particular, the legal analysis focuses on three legal challenges brought about by a theoretical framework for development of a new right to cybersecurity. They regard: i) the need for a new right to cybersecurity against the background of the existing fundamental right to security (Art. 6 EU Charter of Fundamental Rights, CFR); ii) the actual content of this new right; and, iii) how such a new right could be implemented. The article concludes by advocating for the need of acknowledging a new right to cybersecurity in EU law.
期刊介绍：
CLSR publishes refereed academic and practitioner papers on topics such as Web 2.0, IT security, Identity management, ID cards, RFID, interference with privacy, Internet law, telecoms regulation, online broadcasting, intellectual property, software law, e-commerce, outsourcing, data protection, EU policy, freedom of information, computer security and many other topics. In addition it provides a regular update on European Union developments, national news from more than 20 jurisdictions in both Europe and the Pacific Rim. It is looking for papers within the subject area that display good quality legal analysis and new lines of legal thought or policy development that go beyond mere description of the subject area, however accurate that may be.
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