![]() ![]() Justice represents itself in kinds mainly:. Salmond- “Though every man wants to be righteous and just towards him, he himself being ‘selfish’ by nature may not be reciprocal in responding justly.” According to him, some kind of external force is necessary for maintaining an orderly society, and without justice it is unthinkable.Blackstone- “Justice is a reservoir from where the concept of right, duty, and equity evolves.”.The term justice has been derived from the Latin word ‘Jungere’ which means to bind or tie together, thus in this way it can be stated as justice is the key ailment which ties the individuals in the society together and harmonizes a balance between them and enhances human relation. In the words of Chief Justice Coke it has been rightly said that ‘wisdom of law and justice is wiser than man’s wisdom,’ thereby legal justice represents the collective wisdom of the community which Rousseau called as ‘General Will’ of the people. The violation of justice which is enforced by the law results in state sanction as ‘punishment’. The notion of justice is the impartiality imbibed in it. The essence of legal justice lies in ensuring uniformity and certainty of law and at the same time ensuring the rights and duties duly respected by all. As the law grew and developed the concept of justice walked parallel and expanded its tentacles into different spheres of human activities. ![]() Through the instrumentality of law regulated by the state, the concept of justice became more clear. And this is why jurists like Salmond and Roscoe Pound have emphasized the importance of justice. ![]() A man living in society desires peace and, while living in he tends to experience a conflict of interests and expects a rightful conduct on the others part. In: DuD, p.The concept of justice is as old as the origin and growth of human society. Beck, München (2021)īartels, K., Backer, M.: Die Berücksichtigung des Stands der Technik in der DSGVO. Seibel, M.: Abgrenzung der “allgemein anerkannten Regeln der Technik” vom “Stand der Technik”. (ed.): BImSchG, Bundes-Immissionsschutzgesetz. IT Security Association Germany (TeleTrust) in co-operation with ENISA: IT Security Act (Germany) and EU General Data Protection Regulation: Guideline “State of the art”, Technical and organizational measures (2021). 3īSI: Orientierungshilfe zu Inhalten und Anforderungen an branchenspezifische Sicherheitsstandards (B3S) gemäß § 8a Absatz 2 BSIG. Beck, München (2020)ĭeutscher Bundestag, BT-Drs. Schulte, M., Michalk, K.: § 3 BImSchG marginal no. In: González Fuster, G., van Brakel, R., de Hert, P.: Research Handbook on Privacy and Data Protection Law: Values, Norms and Global Politics, pp. Von Grafenstein, M.: Co-regulation and the competitive advantage in the GDPR: data protection certification mechanisms, codes of conduct and the ‘state of the art’ of data protection-by-design. Following an introduction to the three-step theory developed by the German constitutional court, where ‘state of the art’ is located between the ‘generally accepted rules of technology’ and the ‘state of science and technology’, this paper argues that this approach can also be applied at EU level in the context of IT security. Briefly, the reasons for abstaining from clear technical guidance are addressed. This paper, based on a workshop held at the 14 th IFIP summer school, analyses the contexts in which the notion ‘state of the art’ is being used in legislation. The same applies to public electronic communications networks or services regarding the security of their networks and services under the EECC.Īlthough the notion is widely referred to in legal texts, there is no standard legal definition of the notion. ![]() Similarly, the GDPR requires data controllers, and to some extent processors, to take ‘state of the art’ into account when implementing appropriate technical and organisational measures to mitigate the risks caused by their data processing activities. Having regard to the ‘state of the art’, those measures shall ensure a level of security of NIS appropriate to the risk posed. In the context of IT security, legal instruments commonly demand that IT security is brought up to the level of ‘state of the art’.Īs the first horizontal instrument on cybersecurity at EU level, the NIS Directive requires that Member States shall ensure that operators of essential services (OESs) and digital service providers (DSPs) take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of network and information systems which they use in their operations, or in the context of offering specific services. ![]()
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