{"title":"Botnet defense under EU data protection law","authors":"Piotr Rataj","doi":"10.1016/j.clsr.2024.106080","DOIUrl":null,"url":null,"abstract":"<div><div>We analyse the legal framework spanned by EU data protection law with respect to the defence against botnet-related threats. In particular, we examine what legal constraints the General Data Protection Regulation (GDPR) (and others) impose on the processing of personal data when that processing aims at detecting botnet-related traffic. We thereby put data protection rules into perspective with current trends in European IT security regulation, specifically Directive 2022/2555/EU (NIS 2 Directive).</div><div>We find that the resulting legal landscape is complex and has not yet been sufficiently explored. Our analysis provides an initial evaluation of a wide range of emerging legal issues. In particular, we consider four typical processing scenarios, such as DNS sinkholing by a public authority or sharing of cybersecurity-related personal data, and discuss some of their legal problems, linking them as thoroughly as possible to potentially relevant case law of the European Court of Justice.</div></div>","PeriodicalId":51516,"journal":{"name":"Computer Law & Security Review","volume":"56 ","pages":"Article 106080"},"PeriodicalIF":3.3000,"publicationDate":"2024-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Computer Law & Security Review","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0267364924001468","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
We analyse the legal framework spanned by EU data protection law with respect to the defence against botnet-related threats. In particular, we examine what legal constraints the General Data Protection Regulation (GDPR) (and others) impose on the processing of personal data when that processing aims at detecting botnet-related traffic. We thereby put data protection rules into perspective with current trends in European IT security regulation, specifically Directive 2022/2555/EU (NIS 2 Directive).
We find that the resulting legal landscape is complex and has not yet been sufficiently explored. Our analysis provides an initial evaluation of a wide range of emerging legal issues. In particular, we consider four typical processing scenarios, such as DNS sinkholing by a public authority or sharing of cybersecurity-related personal data, and discuss some of their legal problems, linking them as thoroughly as possible to potentially relevant case law of the European Court of Justice.
我们分析了欧盟数据保护法在防御僵尸网络相关威胁方面所涵盖的法律框架。特别是，我们研究了《通用数据保护条例》（GDPR）（及其他）对以检测僵尸网络相关流量为目的的个人数据处理施加了哪些法律限制。因此，我们将数据保护规则与欧洲 IT 安全法规的当前趋势，特别是第 2022/2555/EU 号指令（NIS 2 指令）结合起来。我们的分析对一系列新出现的法律问题进行了初步评估。特别是，我们考虑了四种典型的处理情景，如公共机构的 DNS sinkholing 或网络安全相关个人数据的共享，并讨论了其中的一些法律问题，尽可能全面地将其与欧洲法院可能的相关判例法联系起来。
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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