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Cyber security is becoming increasingly important with recent statistics suggesting that cybercrime cost around US$8.4 trillion globally in 2022 and is expected to grow to US$23.8 trillion by 2027.
Addressing cyber security is an urgent and critical task for the government, the economy, and the protection of people’s rights. In response to the growing number and scale of cyber security incidents, there has been an increase in regulation imposed on both public and private sector entities and it is this regulation which is explored in this subject.
While lawyers are essential in navigating and responding to this shifting and complex digital landscape, company executives and advisers working in cyber security also gain enormous benefit in understanding the risks and complexities in the way the law applies.
This subject will examine the framework of laws regulating cyber security and the tensions that must be balanced in addressing cyber security risk, both for governments and private sector organisations. It will review the intersection of data security objectives and privacy rights and the ways these objectives are sometimes aligned and sometimes diametrically opposed.
The subject will look at the several overseas jurisdictions to assess the patterns in international regulation of cyber security and consider possible future developments, both in Australia and around the globe.
Principal topics will include:
- Introduction to cyber security. What is cyber security? What are the threats? What are the specific cyber security risks?
- Overview of current international legislative frameworks for regulating cyber security.
- The Australian legislative framework for regulating cybersecurity.
- Cyber security as a corporate governance issue.
- Cyber security risk assessments and reporting.
- The legal issues raised by the occurrence of a cyber security incident
- Cyber security issues in the finance, health and telecommunications sectors
- The impact and requirements of Security of Critical Infrastructure Act 2018 (Cth)
- The privacy implication of data security breaches.
- Contractual allocation of cyber security risks.
- Cyber warfare.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Analyse and explain the key principles in the law relating to cyber security in Australia and comparable jurisdictions;
- Identity the key cyber security legal risks arising in relation to a given public or private sector organisation;
- Discuss the cyber securities issues arising in the finance, health and telecommunications sectors; and
- Prepare a response to relevant regulatory authorities following the occurrence of a cyber security incident.
- Have the cognitive and technical skills to generate critical and creative ideas, and to critically evaluate existing legal theories, principles and concepts;
- Have the communication skills to clearly articulate and convey complex information regarding legal issues to relevant specialist and non-specialist audiences;
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the legal field;
- Be able to critically examine, analyse, interpret and assess the effectiveness of the current and proposed laws;
- Have a sophisticated appreciation of the factors and processes driving the regulation; and
- Have the ability to apply learnings to diverse practical settings.
Last updated: 31 January 2024