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ENISA and a new cybersecurity act

05-07-2019

In September 2017, the Commission adopted a cybersecurity package with new initiatives to further improve EU cyber-resilience, deterrence and defence. As part of these, the Commission tabled a legislative proposal to strengthen the EU Agency for Network Information Security (ENISA). Following the adoption of the Network Information Security Directive in 2016, ENISA is expected to play a broader role in the EU's cybersecurity landscape but is constrained by its current mandate and resources. The Commission ...

In September 2017, the Commission adopted a cybersecurity package with new initiatives to further improve EU cyber-resilience, deterrence and defence. As part of these, the Commission tabled a legislative proposal to strengthen the EU Agency for Network Information Security (ENISA). Following the adoption of the Network Information Security Directive in 2016, ENISA is expected to play a broader role in the EU's cybersecurity landscape but is constrained by its current mandate and resources. The Commission presented an ambitious reform proposal, including a permanent mandate for the agency, to ensure that ENISA can not only provide expert advice, as has been the case until now, but can also perform operational tasks. The proposal also envisaged the creation of the first voluntary EU cybersecurity certification framework for ICT products, where ENISA will also play an important role. Within the European Parliament, the Industry, Research and Energy Committee adopted its report on 10 July 2018. An agreement was reached with the Council during the fifth trilogue meeting, on 10 December 2018. The text was adopted by the European Parliament on 12 March and by the Council on 9 April 2019. The new regulation came into force on 27 June 2019. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

Police cooperation achievements during the legislative term 2014-2019: the role of the European Parliament

13-05-2019

Effective police cooperation is a key step in turning the EU into an area of freedom, security and justice (AFSJ) based on respect for fundamental rights. Cross-border law enforcement cooperation – involving the police, customs and other law enforcement services – is designed to prevent, detect and investigate criminal offences across the EU. In practice, this cooperation mainly concerns serious crime (organised crime, drug trafficking, trafficking in human beings and cybercrime) and terrorism. Considerable ...

Effective police cooperation is a key step in turning the EU into an area of freedom, security and justice (AFSJ) based on respect for fundamental rights. Cross-border law enforcement cooperation – involving the police, customs and other law enforcement services – is designed to prevent, detect and investigate criminal offences across the EU. In practice, this cooperation mainly concerns serious crime (organised crime, drug trafficking, trafficking in human beings and cybercrime) and terrorism. Considerable progress in strengthening police cooperation was made during the 2014-2019 legislative term. Most importantly, the new Europol Regulation took effect in May 2017. In Parliament, the Committee on Civil Liberties, Justice and Home Affairs (LIBE Committee) is responsible for measures relating to police and judicial cooperation in criminal matters, including terrorism, and substantive and procedural measures relating to the development of a more coherent EU approach to criminal law, in accordance with Parliament’s Rules of Procedure.

Establishing a cybersecurity competence centre and a network of national coordination centres

19-02-2019

The Commission describes logically the significance of cyberdefence and the potential for improvement in this field for the EU. However, the impact assessment accompanying the proposal does not appear to have fully followed the requirements of the better regulation guidelines particularly as no open public consultation was conducted. The impact assessment presents a limited range of options as a result of a number of parameters that were pre-set from the outset and which could have constrained the ...

The Commission describes logically the significance of cyberdefence and the potential for improvement in this field for the EU. However, the impact assessment accompanying the proposal does not appear to have fully followed the requirements of the better regulation guidelines particularly as no open public consultation was conducted. The impact assessment presents a limited range of options as a result of a number of parameters that were pre-set from the outset and which could have constrained the scope of the impact assessment.

Digital Europe programme: Funding digital transformation beyond 2020

11-02-2019

In the framework of the next long-term EU budget for 2021-2027, the Commission is proposing a new, €9.2 billion programme to build up digital capacity and infrastructure and support a digital single market. It will operate mainly through coordinated and strategic co-investments with the Member States in the areas of advanced computing and data, artificial intelligence, and cybersecurity, their uptake and optimal use in the private and public sectors and boosting advanced digital skills. The programme ...

In the framework of the next long-term EU budget for 2021-2027, the Commission is proposing a new, €9.2 billion programme to build up digital capacity and infrastructure and support a digital single market. It will operate mainly through coordinated and strategic co-investments with the Member States in the areas of advanced computing and data, artificial intelligence, and cybersecurity, their uptake and optimal use in the private and public sectors and boosting advanced digital skills. The programme aims to help European societies and businesses to make the most of the ongoing digital transformation. The Commission sees the potential for efficiency gains in exploring complementarities and synergies with other planned programmes such as Horizon Europe, the Connecting Europe Facility and the European Regional Development and Cohesion Funds. The European Parliament adopted amendments on 13 December 2018 and referred the file back to the ITRE committee for interinstitutional negotiations. The Council reached a partial general approach, which excludes budgetary and horizontal issues, in December 2018. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Harmful internet use - Part II: Impact on culture and society

31-01-2019

It is increasingly recognised that the internet, in spite of all its benefits to society, can also be correlated with significant harms to individuals and society. Some of these harms have been studied extensively, particularly harms to privacy, harms associated with security and cybercrime, and harms resulting from digital divides. This report covers less studied but equally important harms: harms associated with internet use that concern the health, well-being a functioning of individuals, and ...

It is increasingly recognised that the internet, in spite of all its benefits to society, can also be correlated with significant harms to individuals and society. Some of these harms have been studied extensively, particularly harms to privacy, harms associated with security and cybercrime, and harms resulting from digital divides. This report covers less studied but equally important harms: harms associated with internet use that concern the health, well-being a functioning of individuals, and the impact on social structures and institutions. The Part II of the study address the harms of the internet at society level. The harms that are revised are among others: harms to cognitive development, information overload, harmful effects on knowledge and belief and harms to social relationships. The ultimate aim of the study is to develop concrete policy options to be considered by the EU Institutions and Member States, to mitigate harmful effects of the internet for European citizens.

Externí autor

DG, EPRS

Cybersecurity [What Think Tanks are thinking]

26-10-2018

Cybersecurity was back in the spotlight earlier in October, when several Western countries issued a coordinated denunciation of Russia, accusing it of running a global hacking campaign. Moscow denied the allegations. On 4 October, the UK and the Netherlands accused Moscow of sending agents to The Hague to hack into the Organisation for the Prohibition of Chemical Weapons, while the United States indicted suspected Russian agents for conspiring to hack computers and steal data to delegitimise international ...

Cybersecurity was back in the spotlight earlier in October, when several Western countries issued a coordinated denunciation of Russia, accusing it of running a global hacking campaign. Moscow denied the allegations. On 4 October, the UK and the Netherlands accused Moscow of sending agents to The Hague to hack into the Organisation for the Prohibition of Chemical Weapons, while the United States indicted suspected Russian agents for conspiring to hack computers and steal data to delegitimise international anti-doping organisations. They were also accused of trying to hack into Westinghouse Electric, a nuclear power company. Russia and other countries had earlier been accused of cyber-espionage, proliferation of fake news, and misuse of social media in some election campaigns. Cybersecurity can be defined as the protection of computer systems and mobile devices from theft and damage to their hardware, software or information, as well as from disruption or misdirection of the services they provide. This note offers links to reports and commentaries from major international think-tanks and research institutes on cyber-security and related issues. More reports on the topic can be found in a previous edition of ‘What Think Tanks are thinking’, published in April 2018.

Outlook for the meetings of EU Heads of State or Government, 17-18 October 2018

16-10-2018

As has become the norm with European Council meetings, EU Heads of State or Government will convene on 17 and 18 October 2018 in different formats with varying compositions and levels of formality: a regular meeting of the European Council, and an enlarged Euro Summit of 27 Member States on 18 October, preceded by a European Council (Article 50) meeting on the 17 October over dinner. The agenda of the European Council meeting focuses on migration and internal security. Specific foreign policy issues ...

As has become the norm with European Council meetings, EU Heads of State or Government will convene on 17 and 18 October 2018 in different formats with varying compositions and levels of formality: a regular meeting of the European Council, and an enlarged Euro Summit of 27 Member States on 18 October, preceded by a European Council (Article 50) meeting on the 17 October over dinner. The agenda of the European Council meeting focuses on migration and internal security. Specific foreign policy issues might also be addressed at this meeting. The Euro Summit will discuss the state of play of negotiations on the deepening of Economic and Monetary Union (EMU), with a view to the next Euro Summit in December. However, the priority issue for Heads of State or Government will be Brexit. At the European Council (Article 50) meeting, EU-27 leaders are expected to discuss the progress that has been achieved in the negotiations so far, and possibly call for an extraordinary summit in November 2018.

The role of the European Council in internal security policy

11-10-2018

Due to the various terrorist attacks across the EU in recent years, internal security and the fight against terrorism have become major concerns for EU citizens as well as for the EU Heads of State or Government. The European Council has a significant Treaty-based role to play in the area of justice and home affairs, including on policy issues such as the fight against terrorism and organised crime, police cooperation and cybersecurity, often subsumed under the concept ‘internal security’. In recent ...

Due to the various terrorist attacks across the EU in recent years, internal security and the fight against terrorism have become major concerns for EU citizens as well as for the EU Heads of State or Government. The European Council has a significant Treaty-based role to play in the area of justice and home affairs, including on policy issues such as the fight against terrorism and organised crime, police cooperation and cybersecurity, often subsumed under the concept ‘internal security’. In recent years it has carried out this strategic role on various occasions but sometimes in a more reactive way often in the aftermath of major terrorist attacks. The paper also shows that while the policy fields of internal security and migration were usually clearly separated in European Council discussions, the two areas are now increasingly linked, in particular by the subject of external EU border protection. The Salzburg summit of 20 September 2018 is an example for this and also illustrates a recent trend of EU Presidencies to bring together EU Heads of State or Government in their country to discuss policy topics at the top of their own agendas.

The right to respect for private life: digital challenges, a comparative-law perspective - The United Kingdom

04-10-2018

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the right to respect for private life in different legal systems, and between the ways in which the systems address the challenges that the ‘digital age’ poses to the exercise of that right. It analyses, with reference to the United Kingdom, the legislation in force, the most relevant case law and the nature of the right to respect for private life. Chapter 2 describes ...

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the right to respect for private life in different legal systems, and between the ways in which the systems address the challenges that the ‘digital age’ poses to the exercise of that right. It analyses, with reference to the United Kingdom, the legislation in force, the most relevant case law and the nature of the right to respect for private life. Chapter 2 describes the concept of a right to respect for private life as it is recognised in UK legislation. This section of materials is subdivided into two parts. The first part outlines statutory protection for privacy interests, including the recently enacted Data Protection Act 2018 that gives domestic effect to the General Data Protection Regulations. The rest of chapter 2 discusses the most prominent set of statutory restrictions or qualifications upon the right. Privacy interests are thus revealed to be limited in the interests of national security and the prevention, investigation and detection of crime including crimes connected to the sexual abuse of children and young persons. Particular sets of laws authorise interception, examination and retention of digital online communications. Relevant obligations imposed on ISPs and telecommunications companies are described as are safeguards against unlawful forms of intrusion into these communications. Chapter 3 provides an overview of relevant jurisprudence in privacy related matters. A central focus of this chapter is the relatively recently developed tort of misuse of personal information. An evaluation of the overall state of UK law is offered in chapter 4. Finally, the conclusion identifies some privacy-related issues that are likely to arise in the near future.

Externí autor

EPRS, Comparative Law

An assessment of the Commission’s proposals on electronic evidence

21-09-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the added value and the shortcomings of the Commission’s proposals on cross-border access to electronic evidence, with a special focus on the proposals’ implications for territoriality and state sovereignty and fundamental rights of service providers and users.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the added value and the shortcomings of the Commission’s proposals on cross-border access to electronic evidence, with a special focus on the proposals’ implications for territoriality and state sovereignty and fundamental rights of service providers and users.

Externí autor

Prof. Martin BÖSE, Professor, Rheinische Friedrich-Wilhelms-Universität Bonn

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