Ethical Considerations in cybersecurity.
In the field of cybersecurity, ethical considerations play a
vital role in determining how security is managed, implemented, and enforced.
As technology continues to advance, so do the complexities of protecting
sensitive information and systems from cyber threats. Ethical frameworks help
guide decision-making processes for cybersecurity professionals, ensuring that
their actions not only protect assets but also respect individual rights and
societal values.
Ethics have a lot to do with cyber security; cyber security
practices aim to secure computer systems and networks and keep data safe.
Those data, systems, and networks
indeed hold some economic or other value in themselves, but what cyber security
practices essentially protect is the integrity, functionality, and reliability
of organizations that rely upon such data and systems. This means that ethical
issues are at the core of cyber security practices, as these practices are
increasingly required to secure the ability of human individuals and groups to
live well. In an increasingly networked society, a wider and better comprehension
of cyber security ethics is critical for promoting human prosperity. The
following are the three important ethical issues in cyber security.[1]
Ethics in cyber security can be summarized into three
important issues. The first issue is harms to privacy. Privacy harm is
conceptualized as the negative consequence of a privacy violation. Some of the
most common cyber threats to privacy include identity theft. Identity theft is
the term used to refer to all sorts of crimes in which someone unlawfully gains
and uses another person’s personal data in some way that involves fraud,
usually for financial gain. The exposure of sensitive personal information results
in costly spam, phishing, or other undesirable communications. That said, it is
important to understand that privacy harms do not only jeopardize those whose
sensitive information is directly exposed to cyber threats. Even those who try
to live disconnected from the digital cannot prevent sensitive data about them
from being generated and shared by their friends or family. This situation puts
an enormous amount of pressure on cyber security specialists, who are trusted
with manning the critical line of defense against personal and organizational
privacy harms.[2]
The second ethical issue is; cyber security resource
allocation. The cost is great because cyber security efforts take up a considerable
number of individuals as well as organizational resources like time, money, and
expertise. Not having adequate cyber security measures in place imposes even
greater costs. You may naturally ask how the issue of resource allocation can
be seen as an ethical issue. Imagine a situation where a cyber expert who works
for a hospital responds to a possible threat by immediately instituting an extremely
time-consuming security login procedure, where he/she does not first consider
the core function and interests of the network users.[3]
The third ethical issue is Transparency and disclosure. Cyber
security is a form of risk management, and because those risks substantially affect
other parties, there is a default ethical duty to disclose those risks when
identified, therefore affected parties can make informed decisions. For
instance, if a company finds out a critical vulnerability in its software, it
must notify its customers or clients of that discovery in a timely manner. That
said, each cyber security scenario comprises different facts, different
products or services, and interests at stake, thus there is no
one-size-fits-all approach or guidance that one can utilize to guarantee
adequately transparent cyber security practice. This translates into the fact
that what is required in each case is a solid ethical reflection on the
specific scenario and the risks, benefits, and tradeoffs involved, followed by
a coherent ethical judgment about what is best to do, given the facts and
options.[4]
In today’s digital world the need to maintain cyber-security
and protect sensitive information is more important than ever. However, this
must be balanced against the right to privacy, which is also a fundamental
human right. The advancement of digital technologies has revolutionized the way
we live, work, and communicates. The widespread use of the Internet and digital
devices has made our lives easier, but it has also created new challenges, particularly
in the area of cyber-security and privacy. With the increasing amount of
personal and sensitive information being stored online, protecting this
information from cyber-attacks has become a critical concern for individuals,
businesses, and governments. At the same time, the right to privacy is also a
fundamental human right recognized by international law. Protecting
individuals’ privacy rights in the digital age has become a challenging task,
as the collection and processing of personal data have become more widespread.[5]
To understand more about the ethical considerations and
approaches to security; it is very important to highlight on the current legal
framework for cyber-security and privacy in various jurisdictions.
In the US there are several laws and regulations that govern
cyber-security and privacy. The most significant legislation is the
Cyber-security Information Sharing Act (CISA) enacted in 2015 to encourage
information sharing between the government and private entities regarding cyber
threats. Other important laws include the Electronic Communications Privacy Act
(ECPA), which regulates the interception of electronic communications, and the
Health Insurance Portability and Accountability Act (HIPAA), establishing
privacy standards for health information. The Federal Trade Commission (FTC)
has been active in enforcing privacy and data security regulations,
particularly with regard to consumer protection. The legal framework for
cyber-security and privacy in the United States is complex and evolving, with a
mix of federal and state laws, regulations, and guidelines that apply to
different industries and sectors.
The current legal framework for cyber-security and privacy in
Europe is primarily governed by the General Data Protection Regulation (GDPR), in
effect in May 2018. The GDPR applies to all businesses operating within the
European Union (EU) and regulates the processing of personal data of individuals
within the EU. The regulation outlines strict requirements for obtaining
consent, data breach notifications, and the right to be forgotten, among other
provisions. The Network and Information Systems Directive (NIS Directive)
requires EU member states to implement cyber-security measures for critical
infrastructure and digital service providers, and to report major security
incidents to national authorities. The EU Cyber-security Act also establishes a
framework for the certification of information and communication technology
products and services. The legal framework in Europe prioritizes the protection
of personal data and cyber-security while balancing these interests with the
needs of businesses and national security concerns.
In the United Kingdom main legislation governing
cyber-security and privacy is the Data Protection Act of 2018, incorporating
the General Data Protection Regulation (GDPR) into UK law. The GDPR provides a comprehensive
framework for protecting individuals’ personal data and sets out strict rules
for the collection, storage, and processing of such data by organizations. The
act also establishes the Information Commissioner’s Office (ICO) as the
regulator for data protection in the UK, with the power to enforce compliance
and issue fines for non-compliance.16 The UK has the Computer Misuse Act 1990,
that criminalizes unauthorized access to computer systems, hacking, and other
cyber-related offences. The UK government has also recently introduced the
National Cyber Security Strategy, which sets out a comprehensive approach to
enhancing the country’s cyber-security capabilities and protecting against
cyber-attacks. The UK has a robust legal framework for cyber-security and
privacy that seeks to balance the need for strong security measures with the
protection of individuals’ privacy rights.
In Canada the Personal Information Protection and Electronic
Documents Act (PIPEDA) is the primary legislation governing the collection, use,
and disclosure of personal information by private sector organizations. It
requires organizations to obtain an individual’s consent before collecting,
using, or disclosing their personal information, and to take reasonable measures
to safeguard that information from unauthorized access, use, or disclosure.
Canada’s Anti-Spam Legislation (CASL) 20 regulates the sending commercial
electronic messages, and the Digital Privacy Act 21 introduced several
amendments to PIPEDA, including mandatory breach notification requirements for
organizations. Office of the Privacy Commissioner is responsible for enforcing
PIPEDA and promoting privacy rights.
The United Arab Emirates (UAE) has implemented several legal
measures to regulate cyber-security and privacy. One of the key instruments in
this regard is the UAE Cybercrime Law criminalizing various cyber offenses,
such as hacking, phishing, and spreading false information online. The law also
outlines punishments for violating the cyber-security of individuals or
organizations, including fines and imprisonment. In addition, the UAE has
established the National Electronic Security Authority (NESA), which is
responsible for securing the country’s critical information infra
structure and developing
national cyber-security policies. The UAE also recently enacted a data
protection law, which regulates the processing of personal data and requires
organizations to implement adequate measures to protect the privacy of
individuals. Despite these legal frameworks, concerns have been raised about
the lack of transparency and due process in some cases related to
cyber-security and privacy in the UAE.
In Singapore cyber-security and privacy are governed by a
range of laws and regulations. The Personal Data Protection Act (PDPA) is the
main piece of legislation that regulates the collection, use, and disclosure of
personal data in Singapore. The PDPA requires organizations to obtain
individuals’ consent before collecting, using, or disclosing their personal
data and to take reasonable steps to protect that data. The Cyber-security
Act,28 introduced in 2018, establishes a framework for the regulation of critical
information infrastructure (CII) and provides for the sharing of
information between CII owners and the government in the event of a
cyber-attack. The Computer Misuse Act30 criminalizes various types of
cyber-crime, including unauthorized access and hacking. The Monetary Authority
of Singapore also issued a set of guidelines on technology risk management,
that sets out best practices for financial institutions to manage cyber-risk.
China has a complex legal framework for cyber-security and
privacy, which is heavily influenced by the country’s political and social
context. The Cyber-security Law of the People’s Republic of China, in force
since 2016, provides a comprehensive regulatory framework for cyber-security.
The law requires network operators to take measures to protect the security of
personal information and to report cyber-security incidents to the authorities.
It also empowers the Chinese government to conduct cyber-security inspections
and investigations, and to take measures to prevent and respond to
cyber-security threats.
In Japan legal framework for cyber-security and privacy is
primarily governed by the Act on the Protection of Personal Information
(APPI)36 revised in 2020 to strengthen privacy protections for individuals. The
APPI applies to both private and public sector organizations and sets out
requirements for the collection, use, and disclosure of personal information,
as well as the establishment of security measures to protect against
unauthorized access, loss, destruction, alteration, or disclosure of personal
information. In addition to the APPI, Japan has also implemented the
Cyber-security Basic Act37; its aims are to ensure security of information and
communications networks, and the Act on the Protection of Specially Designated
Secrets regulating the handling of confidential information related to national
security. The Japanese government has also established the Cyber-security
Strategy Headquarters to promote cyber-security measures and coordinate efforts
among relevant agencies and organizations.
In South Korea the Personal Information Protection Act (PIPA)
serves as the primary legislation governing data privacy and cyber-security.40
The PIPA aims to protect personal information by regulating its collection,
storage, use, and provision to third parties. It also mandates the
implementation of appropriate security measures to prevent data breaches and
requires prompt notification of affected individuals in case of any security
incidents. In addition, the
Network Act requires Internet service providers to retain
user data for a certain period and grants law enforcement agencies access to
this data under circumstances indicated in the Act.41 It also prohibits
cyber-bullying and the spreading of false information online. The South Korean
government has also established the Ministry of Science and ICT and the Korea
Internet & Security Agency to oversee and regulate cyber-security measures
in the country. Despite these regulations, there have been concerns over government
surveillance and censorship in South Korea, particularly in the context of
national security.
Australia has a comprehensive legal framework for
cyber-security and privacy. The Privacy Act of 1988 sets out the Australian
Privacy Principles (APPs), which regulate the collection, use, and disclosure
of personal information by government agencies and private organizations. The
Privacy Act also establishes Office of the Australian Information Commissioner
responsible for enforcing the APPs and promoting privacy rights. In addition,
the Cyber Security Strategy 2020 outlines Australia’s approach to cyber-security;
it includes enhancing the resilience of critical infrastructure, promoting
cyber-awareness, and strengthening law enforcement capabilities.46 The
Australian Signals Directorate (ASD) also provides guidance on cyber-security
best practices for government agencies and critical infrastructure operators.
Australia’s legal framework aims to balance the need for effective
cyber-security measures with the protection of individuals’ privacy rights.
Rwanda has established a comprehensive legal framework to
address cybersecurity challenges, ensure data protection, and promote a safe
and resilient cyberspace. The country's cyber laws and regulations are aligned
with international standards and are aimed at safeguarding individuals,
businesses, and the government against cyber threats. Below are key aspects of
Rwanda’s legal framework on cybersecurity:
Law No. 60/2018 of 22/08/2018 on Prevention and Punishment of
Cybercrimes. This is the primary law governing cybercrime in Rwanda. It aims to
prevent, control, and punish cybercrimes while ensuring the protection of
information systems, infrastructure, and data. Key provisions in this law are; Cybercrime
offenses: The law defines various offenses, including unauthorized access
to computer systems, hacking, phishing, identity theft, and cyber fraud. Cyber
espionage and terrorism: It criminalizes actions that involve cyber
espionage, cyberterrorism, and attacks on critical infrastructure. Child
exploitation and pornography: Strict penalties for the use of information
technology to exploit or harm children, including the distribution of child
pornography. Punitive measures: Outlines penalties for individuals and
organizations engaged in cybercriminal activities, including fines,
imprisonment, and asset seizure.
Law No. 24/2016 of 18/06/2016 Governing Information and
Communication Technologies (ICT). This law establishes the general framework
for the ICT sector in Rwanda and includes provisions related to cybersecurity. Key
provisions in this law are; Data protection: The law emphasizes the
protection of personal data and the need for consent when processing data. Cybersecurity
obligations for service providers: ICT service providers are required to
take necessary security measures to ensure the integrity and availability of
their services. Licensing and compliance: Companies operating in the ICT
sector must adhere to security standards set by the Rwanda Utilities Regulatory
Authority (RURA), the agency responsible for ICT regulation.
National Cyber Security Policy (2015). The National Cyber
Security Policy provides strategic guidance for the protection of Rwanda’s
cyberspace. It was developed in response to increasing cyber threats and the
need to secure the country's digital infrastructure. Key objectives are; Resilient
digital infrastructure: Strengthening critical information infrastructure
and securing public and private sector networks. Capacity building:
Developing cybersecurity skills and expertise across various sectors, including
law enforcement and private industry. Public awareness: Promoting
awareness of cyber risks and best practices among citizens, businesses, and
institutions. Collaboration: Encouraging collaboration with
international partners, other countries, and regional bodies to combat
cybercrime and improve cyber resilience.
Rwanda Data Protection and Privacy Law (2021). Rwanda has
enacted the Law No. 058/2021 of 13/10/2021 Relating to the Protection of
Personal Data and Privacy, which regulates the processing, storage, and sharing
of personal data. Key provisions: Consent and transparency: Data
subjects must give informed consent before their data is processed, and
organizations must be transparent about how they use personal data. Data
controllers and processors: Organizations processing personal data must
implement appropriate security measures to prevent breaches or unauthorized
access. Data breach notifications: Companies are required to notify the
regulator and affected individuals in case of a data breach. Rights of data
subjects: Individuals have the right to access, correct, and delete their
personal data.
Cybersecurity Standards and Guidelines. The Rwanda
Information Society Authority (RISA), in collaboration with RURA, develops
cybersecurity guidelines and technical standards to be followed by public and
private organizations. Key elements: Security protocols: Organizations
are encouraged to implement strong security measures, such as encryption,
firewalls, and intrusion detection systems. Incident response: Entities
are required to establish incident response plans to quickly mitigate and
recover from cyberattacks. Audit and compliance: Regular audits are
conducted to ensure compliance with national cybersecurity standards.
Rwanda Computer Security Incident Response Team (Rw-CSIRT). Rwanda established the Rw-CSIRT to coordinate
responses to cyber incidents and attacks. This body is responsible for
monitoring cybersecurity threats, sharing threat intelligence, and providing
technical assistance to organizations in the event of a breach. Responsibilities:
Incident management: Rw-CSIRT coordinates efforts to handle
cybersecurity incidents across various sectors, including government,
businesses, and critical infrastructure. Cyber threat intelligence: The
agency gathers and disseminates information on emerging cyber threats and
vulnerabilities. Capacity building: Rw-CSIRT offers training and
resources to strengthen the technical skills of cybersecurity professionals in
Rwanda.
Rwanda Utilities Regulatory Authority (RURA). RURA is the
regulatory body responsible for overseeing the ICT sector, including
cybersecurity. It works closely with RISA and other agencies to enforce
cybersecurity regulations and ensure that organizations comply with the
country’s legal framework.
Regional and International Collaboration. Rwanda actively
collaborates with regional organizations such as the East African
Communications Organization (EACO) and participates in international forums to
address global cybersecurity challenges. The country is also a member of the
African Union Convention on Cyber Security and Personal Data Protection (Malabo
Convention), which sets cybersecurity and data protection standards for African
nations.
Practical ethical considerations in security require
balancing protection with respect for privacy, fairness, transparency, and
accountability. Cybersecurity professionals must adopt approaches that protect
both individual rights and broader societal interests while maintaining trust
and minimizing harm. Ethics guide the application of security measures,
ensuring that they are not only effective but also just and humane.
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