Cyber-Terrorism and the Right to Privacy in The Third Pillar Perspective

Nadina Foggetti

Abstract

Cyber-terrorism involved a serious of conducts such as a targeted attacks, politically motivated, conducted with the help of computer technology and/or within the information technology, with significant consequences at economic, political and social level.

Against this new threat the EU is called to give a answer with the instruments that it have to disposal in the Third Pillar.

In front of the proliferation of acts adopted in this sector, this is a luck of a specific legal instrument in the fight against cyber-terrorism.

The first questions that we will analyse concerning the definition of cyber-terrorism.

We will to analyse the possibility to apply of cyber-terrorism existing legal instruments. At the same time the fight against cyber-terrorism involves the need to collect systematically data and DNA data, also through Europol and Eurojust and to plug into databases. This data collection is essential in order to adopt the measure of execution of UN Resolutions for the prevention and repression of each typology of terrorist funding, as well as the freezing funds that are directly or indirectly addressed a to that end. This data is able to breach fundamental human rights.

There is the need to guarantee the right to privacy of persons and entity involved in data collected.

In the second part of the paper we will analyse the problem of the balancing between the need to combating international terrorism and cyber-terrorism and that to protect fundamental human rights, also by the study of the recent jurisprudence of the EC Court of First Instance. To that end we will analyse the legal instrument for individuals and entities in the EU law for the protection of their fundamental human rights.

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