Pub Date : 2021-07-20DOI: 10.1080/13600869.2021.1950925
B. Fischer, Agnieszka Piskorz-Ryń
ABSTRACT The European Union presented a draft regulation of the European Parliament and the Council on the Data Governance Act, which is the first of the planned tools in the implementation of the European Data Protection Strategy. From the point of view of artificial intelligence, it is the most important EU regulation next to data opening and Directive 2019/1024. This solution aims to increase the potential of the data used, among other things, by increasing trust in sharing one’s own resources in the public interest. Despite the lack of definitions and details, these measures should positively impact, among other things, the efficiency of data analytics and machine learning, including in a cross-border context.
{"title":"Artificial intelligence in the context of data governance","authors":"B. Fischer, Agnieszka Piskorz-Ryń","doi":"10.1080/13600869.2021.1950925","DOIUrl":"https://doi.org/10.1080/13600869.2021.1950925","url":null,"abstract":"ABSTRACT\u0000 The European Union presented a draft regulation of the European Parliament and the Council on the Data Governance Act, which is the first of the planned tools in the implementation of the European Data Protection Strategy. From the point of view of artificial intelligence, it is the most important EU regulation next to data opening and Directive 2019/1024. This solution aims to increase the potential of the data used, among other things, by increasing trust in sharing one’s own resources in the public interest. Despite the lack of definitions and details, these measures should positively impact, among other things, the efficiency of data analytics and machine learning, including in a cross-border context.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"11 1","pages":"419 - 428"},"PeriodicalIF":0.0,"publicationDate":"2021-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80524130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-07DOI: 10.1080/13600869.2021.1949826
Amy L. Gainford
{"title":"Introducing vigilant audiences","authors":"Amy L. Gainford","doi":"10.1080/13600869.2021.1949826","DOIUrl":"https://doi.org/10.1080/13600869.2021.1949826","url":null,"abstract":"","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"16 1","pages":"429 - 432"},"PeriodicalIF":0.0,"publicationDate":"2021-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77948248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-17DOI: 10.1080/13600869.2021.1942401
Carlos Rafael Rodríguez Rodríguez, Yarina Amoroso Fernández, Marieta Peña Abreu, Denis Sergeevich Zuev
ABSTRACT Legal Decision Support Systems in Cuba as yet show few results, but now a resurgence of this field is possible. This new opportunity is due to the worldwide boom in AI & Law research. In addition to the current efforts towards the digital transformation of society. This paper aims to review some antecedents, and discuss some proposals for the evolution of this domain in the country. We first identify the strengths and constraints of some previous contributions and outline the current state of this topic in Cuba. Then, we propose some ideas for future projects, considering the main international approaches and state of the art in Artificial Intelligence, Soft Computing, Big data, and Open Data. We argue the importance of creating different forms of legal knowledge representation, the development of specific algorithms based on the most appropriate techniques for each task, updating of jurists’ and computer specialists’ curricula, and the legislative process improvement. Besides, we advocate the feasibility of creating recommendations in natural language, and we exemplify their types and uses. Finally, the paper calls attention to the protection of personal data and the importance of jurists to participate in the development of systems and to understand how they operate.
{"title":"Legal decision support systems in Cuba: some background and notes for future projects","authors":"Carlos Rafael Rodríguez Rodríguez, Yarina Amoroso Fernández, Marieta Peña Abreu, Denis Sergeevich Zuev","doi":"10.1080/13600869.2021.1942401","DOIUrl":"https://doi.org/10.1080/13600869.2021.1942401","url":null,"abstract":"ABSTRACT Legal Decision Support Systems in Cuba as yet show few results, but now a resurgence of this field is possible. This new opportunity is due to the worldwide boom in AI & Law research. In addition to the current efforts towards the digital transformation of society. This paper aims to review some antecedents, and discuss some proposals for the evolution of this domain in the country. We first identify the strengths and constraints of some previous contributions and outline the current state of this topic in Cuba. Then, we propose some ideas for future projects, considering the main international approaches and state of the art in Artificial Intelligence, Soft Computing, Big data, and Open Data. We argue the importance of creating different forms of legal knowledge representation, the development of specific algorithms based on the most appropriate techniques for each task, updating of jurists’ and computer specialists’ curricula, and the legislative process improvement. Besides, we advocate the feasibility of creating recommendations in natural language, and we exemplify their types and uses. Finally, the paper calls attention to the protection of personal data and the importance of jurists to participate in the development of systems and to understand how they operate.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"5 1","pages":"301 - 321"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79804159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-28DOI: 10.1080/13600869.2021.1906479
Kaja Kowalczewska, Adam Pązik
On 16–17 October 2020, an online conference entitled ‘New technologies and artificial intelligence – Legal and practical aspects of the ecosystem of confidence’ was organized by the Academy of Law of New Technologies and the Chair of Information, Media and Intellectual Property Law of the Institute of Law and Economics of the Pedagogical University in Krakow, and the National Information Processing Institute – National Research Institute, and the Chair of Civil Law and Private International Law of the Faculty of Law and Administration of the University Cardinal Stefan Wyszyński. Patrons of the event were: the Digital Poland Project Centre; the Patent Office of the Republic of Poland; the International Review of Law, Computers & Technology; sztucznainteligencja.org.pl; the Legal and Scientific Information Center; and the Cracow Bar Association of Attorneys at Law. This was the second edition of an annual scientific event bringing together scientists, practitioners, and enthusiasts of new technologies and law from all over Poland. Due to the pandemic, it took the form of a virtual meeting. As for the statistics, they were quite impressive (especially considering the fact that the event took place on Friday and Saturday). The conference was well attended, with 53 speakers and about 180 listeners. The main objectives of the event were to analyse the latest trends in new technologies, including AI (in particular the impact of the COVID 19 pandemic on the deployment of new technologies in the public and business spheres); to provide a summary of Polish legislative plans in this field; and to analyse the approaches of various expert bodies operating within international organizations such as the European Union or the Council of Europe. The conference also sought to show that new technologies are a cross-cutting issue that affect every area of law: from private to public and from intellectual property law through to procedural law and criminal law. Finally, the aim of the conference was to gather in one place and connect the experts involved: lawyers – both practitioners and theoreticians – with engineers (data processing specialists and analysts). The above objectives stemmed from the basic assumption that guided the conference organizers: new technologies constitute a multidisciplinary space where technological aspects mix, overlap, and intermingle with ethical and legal aspects. Therefore, one of the conclusions that resounded from the speeches was that anyone who wants to deal
{"title":"Conference report: New technologies and AI – legal and practical aspects of the ecosystem of confidence, 16–17 October 2020, Poland (online)","authors":"Kaja Kowalczewska, Adam Pązik","doi":"10.1080/13600869.2021.1906479","DOIUrl":"https://doi.org/10.1080/13600869.2021.1906479","url":null,"abstract":"On 16–17 October 2020, an online conference entitled ‘New technologies and artificial intelligence – Legal and practical aspects of the ecosystem of confidence’ was organized by the Academy of Law of New Technologies and the Chair of Information, Media and Intellectual Property Law of the Institute of Law and Economics of the Pedagogical University in Krakow, and the National Information Processing Institute – National Research Institute, and the Chair of Civil Law and Private International Law of the Faculty of Law and Administration of the University Cardinal Stefan Wyszyński. Patrons of the event were: the Digital Poland Project Centre; the Patent Office of the Republic of Poland; the International Review of Law, Computers & Technology; sztucznainteligencja.org.pl; the Legal and Scientific Information Center; and the Cracow Bar Association of Attorneys at Law. This was the second edition of an annual scientific event bringing together scientists, practitioners, and enthusiasts of new technologies and law from all over Poland. Due to the pandemic, it took the form of a virtual meeting. As for the statistics, they were quite impressive (especially considering the fact that the event took place on Friday and Saturday). The conference was well attended, with 53 speakers and about 180 listeners. The main objectives of the event were to analyse the latest trends in new technologies, including AI (in particular the impact of the COVID 19 pandemic on the deployment of new technologies in the public and business spheres); to provide a summary of Polish legislative plans in this field; and to analyse the approaches of various expert bodies operating within international organizations such as the European Union or the Council of Europe. The conference also sought to show that new technologies are a cross-cutting issue that affect every area of law: from private to public and from intellectual property law through to procedural law and criminal law. Finally, the aim of the conference was to gather in one place and connect the experts involved: lawyers – both practitioners and theoreticians – with engineers (data processing specialists and analysts). The above objectives stemmed from the basic assumption that guided the conference organizers: new technologies constitute a multidisciplinary space where technological aspects mix, overlap, and intermingle with ethical and legal aspects. Therefore, one of the conclusions that resounded from the speeches was that anyone who wants to deal","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"87 1","pages":"494 - 502"},"PeriodicalIF":0.0,"publicationDate":"2021-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76824222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-15DOI: 10.1080/13600869.2021.1898919
Koki Arai, Shūya Hayashi
ABSTRACT This study examines necessary and sufficient conditions in terms of legitimacy with respect to digital platform regulation in the context of today’s development and refinement of sophisticated science and technology. With the increasing oligopoly of platforms, the government has established data portability that can be shifted from a particular platform at any time, creating an environment in which new platform-based businesses can emerge and vigorous competition can take place. In terms of legitimacy, this article considers the following necessary conditions: first, sociological acceptance; second, moral legitimacy; and third, reliance on a foundation that is inherently uncertain but is allowable through expectations of the future. As a sufficient condition, the article also discusses applying social psychology’s elaboration likelihood model, which explains how persuasion is particularly effective in changing people’s attitudes. This approach analyzes ‘resources’ and ‘reflectivity’ in terms of motivating content processing, and ‘expertise’, ‘cognition’, and ‘consequences’ in terms of judging the message based on non-essential peripheral cues. In addition, the point of causality is also examined, and, here, further empirical analysis is needed. The digital platform regulation that has been introduced in Japan has not been clarified in terms of necessity and sufficiency.
{"title":"A methodology for assessing high-Tech regulation: a legitimacy perspective","authors":"Koki Arai, Shūya Hayashi","doi":"10.1080/13600869.2021.1898919","DOIUrl":"https://doi.org/10.1080/13600869.2021.1898919","url":null,"abstract":"ABSTRACT This study examines necessary and sufficient conditions in terms of legitimacy with respect to digital platform regulation in the context of today’s development and refinement of sophisticated science and technology. With the increasing oligopoly of platforms, the government has established data portability that can be shifted from a particular platform at any time, creating an environment in which new platform-based businesses can emerge and vigorous competition can take place. In terms of legitimacy, this article considers the following necessary conditions: first, sociological acceptance; second, moral legitimacy; and third, reliance on a foundation that is inherently uncertain but is allowable through expectations of the future. As a sufficient condition, the article also discusses applying social psychology’s elaboration likelihood model, which explains how persuasion is particularly effective in changing people’s attitudes. This approach analyzes ‘resources’ and ‘reflectivity’ in terms of motivating content processing, and ‘expertise’, ‘cognition’, and ‘consequences’ in terms of judging the message based on non-essential peripheral cues. In addition, the point of causality is also examined, and, here, further empirical analysis is needed. The digital platform regulation that has been introduced in Japan has not been clarified in terms of necessity and sufficiency.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"72 1","pages":"288 - 300"},"PeriodicalIF":0.0,"publicationDate":"2021-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75728551","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-21DOI: 10.1080/13600869.2021.1885106
Edoardo Celeste
ABSTRACT Today social media represent an essential instrument for exercising a broad range of fundamental rights. The phenomenon of social media exclusion, arising when a user is prevented from using specific social media websites or parts of them, therefore has profound fundamental rights implications. Based on the analysis of recent case law from the US and Germany, the article outlines the essential characteristics of social media exclusion. Preventing individuals from accessing social media does not nullify their constitutional rights. However, without social media one could not enjoy her fundamental rights to such an enhanced level as has become standard in recent years. This article argues that curtailing the possibility of accessing social media should be subject to minimal constitutional safeguards, and examines which measures have been put in place by national courts in the US and Germany to this end. Finally, this article reflects on the role played by national courts from a general perspective, contending that judges represent a main catalyst of the process of constitutionalisation of the social media environment. National courts articulate traditional constitutional principles in the context of social media, in this way solving constitutional collisions between the state constitutional dimension and that of private platforms.
{"title":"Digital punishment: social media exclusion and the constitutionalising role of national courts","authors":"Edoardo Celeste","doi":"10.1080/13600869.2021.1885106","DOIUrl":"https://doi.org/10.1080/13600869.2021.1885106","url":null,"abstract":"ABSTRACT Today social media represent an essential instrument for exercising a broad range of fundamental rights. The phenomenon of social media exclusion, arising when a user is prevented from using specific social media websites or parts of them, therefore has profound fundamental rights implications. Based on the analysis of recent case law from the US and Germany, the article outlines the essential characteristics of social media exclusion. Preventing individuals from accessing social media does not nullify their constitutional rights. However, without social media one could not enjoy her fundamental rights to such an enhanced level as has become standard in recent years. This article argues that curtailing the possibility of accessing social media should be subject to minimal constitutional safeguards, and examines which measures have been put in place by national courts in the US and Germany to this end. Finally, this article reflects on the role played by national courts from a general perspective, contending that judges represent a main catalyst of the process of constitutionalisation of the social media environment. National courts articulate traditional constitutional principles in the context of social media, in this way solving constitutional collisions between the state constitutional dimension and that of private platforms.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"76 1","pages":"162 - 184"},"PeriodicalIF":0.0,"publicationDate":"2021-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88287636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-17DOI: 10.1080/13600869.2021.1885105
Newman U. Richards, Felix E. Eboibi
ABSTRACT Recent international and domestic reports have consistently tagged Africa as a haven for cybercriminals and cybercrime perpetration. Most of these reports have attributed the absence of a holistic cybercrime legal framework and lack of implementation as the basis for their conclusion. Arguably, in the absence of a regional cybercrime legal framework to curtail cybercrime's menace in the African sub-region, African state governments have enacted legislation and policies in that regard. This paper argues that the level of corruption in government, private, and public institutions significantly influences cybercrime proliferation in Africa. This is accentuated by greed and the urge to attain greater heights in the African society by whatever means. There is evidence that despite the availability of cybersecurity measures corrupt insiders in private and public institutions relay critical information to cybercriminals to facilitate their criminal intentions. These corrupt insiders aid cybercriminals to bypass security infrastructures put in place by governments and institutions. The implication is that cybercriminals can now effortlessly victimize cybercitizens by using social networks to profile them. Suggestions for, increase surveillance of the cyber space, the better welfare package and increment of workers' emoluments, reducing political leaders' flamboyant lifestyle, amongst others are made as possible solutions.
{"title":"African governments and the influence of corruption on the proliferation of cybercrime in Africa: wherein lies the rule of law?","authors":"Newman U. Richards, Felix E. Eboibi","doi":"10.1080/13600869.2021.1885105","DOIUrl":"https://doi.org/10.1080/13600869.2021.1885105","url":null,"abstract":"ABSTRACT Recent international and domestic reports have consistently tagged Africa as a haven for cybercriminals and cybercrime perpetration. Most of these reports have attributed the absence of a holistic cybercrime legal framework and lack of implementation as the basis for their conclusion. Arguably, in the absence of a regional cybercrime legal framework to curtail cybercrime's menace in the African sub-region, African state governments have enacted legislation and policies in that regard. This paper argues that the level of corruption in government, private, and public institutions significantly influences cybercrime proliferation in Africa. This is accentuated by greed and the urge to attain greater heights in the African society by whatever means. There is evidence that despite the availability of cybersecurity measures corrupt insiders in private and public institutions relay critical information to cybercriminals to facilitate their criminal intentions. These corrupt insiders aid cybercriminals to bypass security infrastructures put in place by governments and institutions. The implication is that cybercriminals can now effortlessly victimize cybercitizens by using social networks to profile them. Suggestions for, increase surveillance of the cyber space, the better welfare package and increment of workers' emoluments, reducing political leaders' flamboyant lifestyle, amongst others are made as possible solutions.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"327 1","pages":"131 - 161"},"PeriodicalIF":0.0,"publicationDate":"2021-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76365487","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-16DOI: 10.1080/13600869.2021.1886942
Ziad Kh. Al Enizi, Ahmad Ghandour, Nour Al-Hajaya
ABSTRACT Information technology has become a tangible and influential reality in various areas of our scientific and practical lives. Its multiple uses carry out beneficial acts while harmful behaviours can also occur. Unfortunately, such harmful behaviours can be classified as crimes that lead to an ‘original’ penalty of a fine in excess of one thousand Dirhams, and /or temporary/life imprisonment. Committing some of those crimes, however, can also result in the revocation or withdrawal of the nationality from its perpetrator as an accessory penalty imposed by force of law. This research dealt with such inquiry in the context of United Arab Emirates. The study concluded that cybercrimes that may result in the withdrawal of nationality from a naturalized or affiliated citizen but not the citizen by law, are those cybercrimes stipulated in the law on combating cybercrimes related to honour and trust, and fall into eleven cybercrimes. The study also found that emerging cybercrimes that cannot be imagined to be committed without electronic means and that its commission may result in the revocation or withdrawal of nationality for everyone who holds it (citizen by operation of law, by naturalization, or by affiliation) fall into eight crimes.
{"title":"Revocation of Emirati citizenship due to committing cybercrimes","authors":"Ziad Kh. Al Enizi, Ahmad Ghandour, Nour Al-Hajaya","doi":"10.1080/13600869.2021.1886942","DOIUrl":"https://doi.org/10.1080/13600869.2021.1886942","url":null,"abstract":"ABSTRACT Information technology has become a tangible and influential reality in various areas of our scientific and practical lives. Its multiple uses carry out beneficial acts while harmful behaviours can also occur. Unfortunately, such harmful behaviours can be classified as crimes that lead to an ‘original’ penalty of a fine in excess of one thousand Dirhams, and /or temporary/life imprisonment. Committing some of those crimes, however, can also result in the revocation or withdrawal of the nationality from its perpetrator as an accessory penalty imposed by force of law. This research dealt with such inquiry in the context of United Arab Emirates. The study concluded that cybercrimes that may result in the withdrawal of nationality from a naturalized or affiliated citizen but not the citizen by law, are those cybercrimes stipulated in the law on combating cybercrimes related to honour and trust, and fall into eleven cybercrimes. The study also found that emerging cybercrimes that cannot be imagined to be committed without electronic means and that its commission may result in the revocation or withdrawal of nationality for everyone who holds it (citizen by operation of law, by naturalization, or by affiliation) fall into eight crimes.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"13 1","pages":"395 - 418"},"PeriodicalIF":0.0,"publicationDate":"2021-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74522557","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-16DOI: 10.1080/13600869.2021.1885102
Karen Mc Cullagh, Kim Barker, G. Sutter
This issue of the International Review of Law, Computers & Technology presents some of the best papers from the 2020 annual BILETA conference, 1 which was the first year that the conference was hel...
{"title":"Regulating transitions in technology, law, and beyond","authors":"Karen Mc Cullagh, Kim Barker, G. Sutter","doi":"10.1080/13600869.2021.1885102","DOIUrl":"https://doi.org/10.1080/13600869.2021.1885102","url":null,"abstract":"This issue of the International Review of Law, Computers & Technology presents some of the best papers from the 2020 annual BILETA conference, 1 which was the first year that the conference was hel...","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"74 1","pages":"99 - 100"},"PeriodicalIF":0.0,"publicationDate":"2021-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90391010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-11DOI: 10.1080/13600869.2021.1885103
S. Schmitz-Berndt, Stefan Schiffner
ABSTRACT In this article, we critically analyse the timeline for notifications of third parties under the NIS Directive and the GDPR in the case of security and privacy incidents from a legal and technical perspective. While a need to mitigate an immediate risk of damage for an individual would call for prompt notification of data subjects, there are scenarios which may justify a delay in communication, for instance where a service provider needs to analyse the current attack to prevent further attacks and assess the full impact. Further, we argue that notification duties in the GDPR and NISD have different protection goals which may conflict in the context of a given incident. Since they are triggered by the same incident, they may contain redundancies, which bears potential for synergies which should be capitalised by the competent authorities.
{"title":"Don’t tell them now (or at all) – responsible disclosure of security incidents under NIS Directive and GDPR","authors":"S. Schmitz-Berndt, Stefan Schiffner","doi":"10.1080/13600869.2021.1885103","DOIUrl":"https://doi.org/10.1080/13600869.2021.1885103","url":null,"abstract":"ABSTRACT In this article, we critically analyse the timeline for notifications of third parties under the NIS Directive and the GDPR in the case of security and privacy incidents from a legal and technical perspective. While a need to mitigate an immediate risk of damage for an individual would call for prompt notification of data subjects, there are scenarios which may justify a delay in communication, for instance where a service provider needs to analyse the current attack to prevent further attacks and assess the full impact. Further, we argue that notification duties in the GDPR and NISD have different protection goals which may conflict in the context of a given incident. Since they are triggered by the same incident, they may contain redundancies, which bears potential for synergies which should be capitalised by the competent authorities.","PeriodicalId":53660,"journal":{"name":"International Review of Law, Computers and Technology","volume":"10 1","pages":"101 - 115"},"PeriodicalIF":0.0,"publicationDate":"2021-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82148894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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