The role of Cybersecurity legal framework in protecting human rights and fundamental freedoms

PhD. Student Constantin-Marius ARĂDAN

West University of Timișoara, Doctoral School of Law

Doctoral supervisor: Dr. Ioan VIDA

E-mail: aradan.constantin@yahoo.com

ORCID: https://orcid.org/0000-0001-5976-9955

Abstract

In the context of the dynamic evolution of IT&C technology, the paradigm has changed regarding the challenges and threats to cybersecurity, with a strong impact on fundamental freedoms and human rights. Cyber crimes and other crimes connected with digital evidence, already created one of the most complex environments which brings together cybersecurity specialists, police detectives, lawyers prosecutors, and judges.

The procedural guarantees and the fundamental rights of suspects and witnesses involved in criminal investigations of cyber crimes must be respected without discrimination, both at the stages of external and internal investigations, especially in the process of information’s communication. For which, the provision of any data and information must respect the confidentiality of the investigations, and the legitimate rights of the persons concerned. Also, the demands of a digital investigation and the difficulties inherent in the fight against cybercrime cannot justify the restriction of rights guarantees such as the right to a fair trial and respect for the presumption of innocence.

Based on Romanian-United States Strategic Partnership–Cooperation in Cybersecurity and relevant acts such as the Budapest Convention on Cybercrime, the know-how from U.S. Cybersecurity legal framework, including the interpretation and enforcement of the Computer Fraud and Abuse Act (CFAA), the Electronic Communications Privacy Act (ECPA), the Cybersecurity Capability Maturity Model (CMMC) and the National Institute of Standards and Technology (NIST), we target the Romanian law regulations in order to improve and harmonize the legal framework on the Cybersecurity domain, secure and protect human rights, fundamental freedoms and the Rule of Law as a final output.

Keywords: Legal framework, Cybersecurity, human rights, Cybercrime.