Powers and Fundamental Rights in Cyber Security

Abstract

Protection of privacy and confidential communications are crucial fundamental rights in cyber security. The protection of privacy and confidential communications are twofold in the meaning that active security steps in communications may require interference with confidential communications. The detection and profiling of potential threats may raise suspects on innocent participants of communications. The NCSC-FI inside the Communications Authority has the initial task and powers to monitor the cyber security. The bill for the Code of Information Society introduces new obligations for information security and preparation for emergency situations. If new powers will be granted to authorities they must narrowly tailored and limited to the necessary measures. The interference with confidential communications in information retrieval requires legal remedies against misuse of powers and constitutional accountability of security authorities.