Kybernetický bezpečnostní incident a jeho ohlašování v rámci zabezpečení osobních údajů v kontextu internetu věcí

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Title in English Cyber Security Incident and its Reporting as Part of Personal Data Protection in the Context of the Internet of Things
Authors

KASL František

Year of publication 2020
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Citation
Web Open access časopisu
Doi http://dx.doi.org/10.5817/CPVP2020-3-7
Keywords Personal Data Protection; Cyber Security; Notification Obligation of Personal Data Breach; Notification Obligation of Cyber Security Incident; Internet of Things
Description The contribution is focused on the premise that in the modern, increasingly interconnected society, there is a growing content overlap of notification obligations following from the legal frameworks of personal data protection and cyber security. In both cases, this is a reflection of smart regulation, where the state uses the possibilities offered by information and communication technologies to gather up-to-date information on situations that may require a response from supervisory authorities. In the case of the obligation to notify personal data breaches pursuant to Article 33 of General Regulation No. 2016/679, on the protection of personal data, towards the Office for Personal Data Protection, the interference with the processed personal data is decisive. The obligation to report a cyber security incident pursuant to Section 8 of Act No. 181/2014 Sb., On cyber security, to the relevant CERT, arises upon interference with the information infrastructure elements of the obliged entities. Due to the gradual digitization of an increasing number of activities and the associated ubiquitous processing of personal data, these perspectives are increasingly overlapping. The author perceives this development as an opportunity to modify the future legal framework in a way, which can increase the benefit from the information communicated to supervisory authorities for all concerned.
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