CYBER SECURITY AND PERSONAL RIGHTS UNDER THE LEGISLATION OF UKRAINE

Abstract

The aim of the article is to study the issue of achieving a balance between information protection in the cybersecurity system and freedom of expression in accordance with the position of the UN and the case law of the European Court of Human Rights. Research methods include the analysis of legislation on cybersecurity, generalization of legal information and cybersecurity practices. As a result, it was found out that in Ukraine the basic legal act on cyber security is the Law “On the basic principles of cyber security of Ukraine”. The preamble of this Law defines the legal and organizational basis for protection of vital interests of citizens, society and state, national interests of Ukraine in cyberspace, main goals, directions and principles of state policy in cybersecurity, authorities of state bodies, enterprises, institutions, organizations, individuals and citizens in this field, the basic principles of coordination of their activities to ensure cybersecurity. Ukraine has ratified the Council of Europe Convention on Cybercrime of 23 November 2001. The Convention states that the fight against cybercrime is dictated, in particular, by the need to protect legitimate interests in the use and development of information technology. In particular, the Convention identifies the following types of cybercrime: offenses against the confidentiality, integrity and availability of computer data and systems; computer-related offenses; offenses related to child pornography; offenses related to copyright and related rights infringement. Finally, legal regulation of cybersecurity in Ukraine is based on the requirements of striking a balance between information protection and freedom of expression, the position of the UN and the case law of the European Court of Human Rights.

Keywords

• cybersecurity
• cyberthreat
• cybercrime
• cyberspace
• personal data
• public morality
• intellectual property.