La cybersecurity come bene pubblico: alcune riflessioni normative a partire dai recenti sviluppi nel diritto UE

The article casts the light on how and to what extent the recent EU legislative developments can uphold the thesis that would identify cybersecurity as a public good, in particular, taking into account systems’ robustness. The doctrine of the public good, which is typically an economic concept, in its normative dimension reveals a framework of shared responsibilities, in view of the common interest in having a satisfactory level of security of the information systems at the basis of our societies. Improving cybersecurity is essential, on the one hand, to trust and benefit from innovation, connectivity and automation; on the other hand, for safeguarding fundamental rights and freedoms, including the rights to privacy and to the protection of personal data, and the freedom of expression and information. Against this background, the new strategy of the European Commission on cybersecurity, the proposal for an NIS 2.0 Directive and, at a lower level of abstraction, the inclusion of minimum cybersecurity requirements for connected devices in the Directives and Regulations of the “New Legislative Framework” (NLF), testify the firm will of the Commission to outline a clear, coherent and inclusive regulatory framework, in order to increase the global level of security within the Union.