How The European Court Of Justice Case Right To Be Forgotten Can Be Relevant For Cybersecurity

Research Paper (undergraduate) from the year 2018 in the subject Law - European and International Law, Intellectual Properties, grade: 5/5, Tallinn University (TTÜ Tallinn - University Of Technology), course: Cybersecurity Law, language: English, abstract: The Internet is overwhelmed by personal data, that are massively collected and traded, and it is quite common in our everyday life to hear news concerning cyber-attacks, or generally cyber-threats that, increasingly, have the purpose of violating users’ data. Moreover, States on an international level have shown serious difficulties in creating binding treaties to protect efficiently the data subjects as some recent scandals proved. In fact, with the growing importance and involvement of personal data it will be difficult to think at all the authorities to prevent or to countercheck efficiently the future cyber-threats and so I would like to show in the following chapters how the right to be forgotten might become the crucial factor with which individuals can protect themselves and their rights. Furthermore, I will try to analyze the right to be forgotten and its relevancy for cybersecurity within three fundamental aspects. Firstly, how EU citizens may use appropriately the right to be forgotten to prevent the harmfulness of cyber-attacks; secondly, which are the limits of this right in order not be itself prejudicial for cyber-security, eventually the tensions among citizens, governments and enterprises in ensuring protection and security. The right to be forgotten has been analyzed by the European Court of Justice in “Google Spain Case” taking as a reference point the directive 95/46. In the judges’ opinion, Google and the other search engines must be considered as “the controllers” and they have the duty to erase those data that have not any more a public interest that justifies them, and if there is an order laid down by a judge. In this research I am taking into account some issues of Italian National Law, that can be useful to extend the reasonings analogically to other Countries. Furthermore, to analyze the digital education of the data subjects I am taking as an example Singapore.

This book offers a comparative perspective on data protection and cybersecurity in Europe. In light of the digital revolution and the implementation of social media applications and big data innovations, it analyzes threat perceptions regarding privacy and cyber security, and examines socio-political differences in the fundamental conceptions and narratives of privacy, and in data protection regimes, across various European countries. The first part of the book raises fundamental legal and ethical questions concerning data protection; the second analyses discourses on cybersecurity and data protection in various European countries; and the third part discusses EU regulations and norms intended to create harmonized data protection regimes.

Implementing appropriate security measures will be an advantage when protecting organisations from regulatory action and litigation in cyber security law: can you provide a defensive shield? Cyber Security: Law and Guidance provides an overview of legal developments in cyber security and data protection in the European Union and the United Kingdom, focusing on the key cyber security laws and related legal instruments, including those for data protection and payment services. Additional context is provided through insight into how the law is developed outside the regulatory frameworks, referencing the 'Consensus of Professional Opinion' on cyber security, case law and the role of professional and industry standards for security. With cyber security law destined to become heavily contentious, upholding a robust security framework will become an advantage and organisations will require expert assistance to operationalise matters. Practical in approach, this comprehensive text will be invaluable for legal practitioners and organisations. It covers both the law and its practical application, helping to ensure that advisers and organisations have effective policies and procedures in place to deal with cyber security. Topics include: - Threats and vulnerabilities - Privacy and security in the workplace and built environment - Importance of policy and guidance in digital communications - Industry specialists' in-depth reports - Social media and cyber security - International law and interaction between states - Data security and classification - Protecting organisations - Cyber security: cause and cure Cyber Security: Law and Guidance is on the indicative reading list of the University of Kent's Cyber Law module.

In Google v. Spain, the Court of Justice of the European Union extended the fundamental right for privacy protection, concluding that search companies, in some circumstances, could be required to remove links to private facts. The decision provoked widespread discussion but one of the key voices was often not present. "The Right to be Forgotten on the Internet: Google v. Spain," authored by the former Spanish Data Protection Commissioner and now available in English for the first time, charts the history of the case and describes the key arguments underlying this landmark decision. Artemi Rallo details the earlier disputes before the Spanish Data Protection Agency, the Google v. Spain decision itself, European scholarship and related legislation, as well as significant precedents from European, American, and international courts. Rallo, who is also a Constitutional law professor, provides a thoughtful, detailed account of one of the most significant privacy cases of the modern age.

This new textbook offers an accessible introduction to the topic of cybersecurity ethics. The book is split into three parts. Part I provides an introduction to the field of ethics, philosophy and philosophy of science, three ethical frameworks – virtue ethics, utilitarian ethics and communitarian ethics – and the notion of ethical hacking. Part II applies these frameworks to particular issues within the field of cybersecurity, including privacy rights, intellectual property and piracy, surveillance, and cyberethics in relation to military affairs. The third part concludes by exploring current codes of ethics used in cybersecurity. The overall aims of the book are to: provide ethical frameworks to aid decision making; present the key ethical issues in relation to computer security; highlight the connection between values and beliefs and the professional code of ethics. The textbook also includes three different features to aid students: ‘Going Deeper’ provides background information on key individuals and concepts; ‘Critical Issues’ features contemporary case studies; and ‘Applications’ examine specific technologies or practices which raise ethical issues. The book will be of much interest to students of cybersecurity, cyberethics, hacking, surveillance studies, ethics and information science.

This book examines the right to be forgotten and finds that this right enjoys recognition mostly in jurisdictions where privacy interests impose limits on freedom of expression. According to its traditional understanding, this right gives individuals the possibility to preclude the media from revealing personal facts that are no longer newsworthy, at least where no other interest prevails. Cases sanctioning this understanding still abound in a number of countries. In today’s world, however, the right to be forgotten has evolved, and it appears in a more multi-faceted way. It can involve for instance also the right to access, control and even erase personal data. Of course, these prerogatives depend on various factors and competing interests, of both private and public nature, which again require careful balancing. Due to ongoing technological evolution, it is likely that the right to be forgotten in some of its new manifestations will become increasingly relevant in our societies.

In “The Cyber Law Handbook: Bridging the Digital Legal Landscape,” we delve into the complex and ever-evolving field of cyber law, an area that has become increasingly significant in our digital age. This comprehensive guide navigates through the intricate web of legalities in cyberspace, addressing the fundamental concepts, jurisdictional challenges, and the impact of technological advancements on legal frameworks. From the foundational aspects of cyber law to the latest developments in blockchain technology and emerging tech, each chapter is meticulously crafted to provide insights into how the law intersects with the digital world. The book is designed not only for legal professionals but also for students, policymakers, and anyone interested in understanding the legal dynamics of the digital era.

Developed from the casebook Information Privacy Law, this short paperback contains key cases and materials focusing on privacy issues related to the GDPR and data protection in the European Union. Topics covered include the GDPR, Schrems cases, the right to be forgotten, and international data transfers. This book is designed for use in courses and seminars on: Comparative and international law EU law Privacy law Information law Consumer law Topics covered include: GDPR Schrems I and Schrems II cases The right to be forgotten International data transfers, including an account of the rise and fall of the Privacy Shield European Court of Human Rights cases European Court of Justice cases Comparative analysis of EU and US privacy law