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4. florence dupre new usagesprivacy legal framework fd


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4. florence dupre new usagesprivacy legal framework fd

  1. 1. The legal frameworkFlorence DUPREGlobal Forum November 2012
  2. 2. AGENDA• Introduction• Limits of the legal framework• What’s new?• The way forward? Perspectives?Title / Name© 2012 CASSIDIAN CYBERSECURITY - All rights reserved Date Page 2
  3. 3. LIMITS OF THE CURRENT LEGAL FRAMEWORK Geographic issue Concept of Lack of sovereignty & interoperability territoriality Security/privacy: Fast evolving different interests technology different approach Data protection Data breach Lack of Data & identity theft Cyber crime Applicable law harmonization Cybersecurity & Jurisdiction?=> compliance issue Liability ? Investigation Legal answser is & Evidence/ difficult prosecution Data protection The Budapest & privacy convention laws & Regulations on Cybercrime? Data retention lawsTitle / Name & Regulations© 2012 CASSIDIAN CYBERSECURITY - All rights reserved Date Page 3
  4. 4. WHAT’S NEW? • Combination of technical & legal solutions• Privacy by Design design data processing devices so as to best comply with data protection requirements • Privacy Enhancing Technologies refers to “coherent systems of information and communication technologies that strengthen the protection of privacy in information systems by preventing the unnecessary or unlawful collection, use and disclosure of personal data, or by offering tools to enhance an individual’s control over his/her data”. • Identity federation• Electronic identity ==>e-ID • Data & Identity theft Crime in which someone illegaly/fraudulently obtains and uses another person’s personal data • Digital signature• Forensics & Digital evidence • Social media (Facebook, Twitter…) • Legal Ethics & Best practices • Trust & confidence• BYOD ==> security & privacy concerns • Mobility & Cloud computing • Cybersecurity/Cybercrime/CyberwarTitle / Name© 2012 CASSIDIAN CYBERSECURITY - All rights reserved Date Page 4
  5. 5. THE WAY FORWARD? / PERSPECTIVES?• Need to adapt the existing legal framework to the technology and the threats• Update of the existing cybercrime convention: most of the players agree that what is required is to further detail the existing legislation by complementing it with additional rules imposing specific technical safeguards against new risks• Need for an harmonized and interoperable legal framework at EU & International level – Use the results of Working groups/initiatives ==> International Telecommunication Union (2007) ==> Other United Nations initiatives• Extend some existing obligations to other actors ==> security breach notification• Development of best practices• A specific International criminal court for cyberspace should be established• International treaty == > Cyber attacks of the most serious global concern should be included in a substantive international criminal law International legal cooperation & harmonization is key for an efficient & global legal answerTitle / Name© 2012 CASSIDIAN CYBERSECURITY - All rights reserved Date Page 5
  6. 6. Thank you for your attention!The reproduction, distribution and utilization of this document as well asthe communication of its contents to others without express authorizationis prohibited. Offenders will be held liable for the payment of damages.All rights reserved in the event of the grant of a patent, utility model or design.Title / Name© 2012 CASSIDIAN CYBERSECURITY - All rights reserved Date Page 6