Monitor Prawniczy

no. 22/2020

Amendment of the conceptual framework of cybersecurity

DOI: 10.32027/MOP.20.22.4
Grażyna Szpor
Autorka jest profesorem, Kierownikiem Katedry Prawa Informatycznego na Wydziale Prawa i Administracji  Uniwersytetu Kardynała Stefana Wyszyńskiego w Warszawie. ORCID: 0000-0002-3264-9360
Abstract

The term „cybersecurity” is nowadays found in several hundred acts of Polish and European law.It has two different definitions in the Act of 5 July 2018 on the National System of Cybersecurity and in Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act). The former defines cybersecurity as a goal, and the latter as an activity. The latter definition may facilitate introduction of cybersecurity into statistical classification of activities – NACE i PKD – which is considered beneficial for cybersecurity system entities. In the draft amendment to the National Security System Act of 7 September 2020 and the simultaneously processed draft of the new Electronic Communications Law, which cover a much wider scope than the currently applicable Telecommunications Law, several dozen new items have been included in the glossaries. Their analysis confirms the need to combine amendments of legal acts with a review of statutory glossaries in order to ensure coherence of multilevel regulation.