Justice in the digital society: Legal frameworks for addressing ethical challenges in cyber security

Marković, Darko M. and Zirojević, Mina (2025) Justice in the digital society: Legal frameworks for addressing ethical challenges in cyber security. In: XXII International Scientific Conference "Legal Days – Prof. Slavko Caric“ - "Law and justice". The Faculty of Law for Commerce and Judiciary in Novi Sad, Novi Sad, pp. 546-558. ISBN 978-86-86121-84-4

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Abstract

Digital society is the result of technological progress, but in addition to the numerous advantages it offers, it also represents a major security challenge, primarily in cyberspace. In addition to being a challenge for the digital society itself, cybersecurity faces ethical challenges that accompany efforts to reconcile surveillance with the right to privacy, accountability for cyber incidents, and the protection of critical infrastructure. Addressing these challenges requires comprehensive and clear legal frameworks. This paper explores how legal frameworks can contribute to justice in the context of addressing these challenges, focusing on the ethical and social implications. The goal of the paper is to analyze existing international and national legal solutions to identify their shortcomings and, according to their characteristics, propose improvements that would enable better protection for individuals and societies in the digital environment. To achieve this goal, including the evaluation of the effectiveness of legal responses, a methodological framework was applied that combines a theoretical and practical approach, which is based on a qualitative analysis of the most important legal documents and existing references on ethics and cybersecurity policy, as well as practical analyses of real examples of cyber incidents. The expected outcome is recommendations for the development of legal frameworks based on equity - establishing a balance between security needs and ethical principles. Such a balance would improve citizens' trust in digital systems and, at the same time, strengthen the security of the digital society.

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