COORDINATION OF INFORMATION SECURITY WITHIN THE FRAMEWORK OF THE SHANGHAI COOPERATION ORGANIZATION - Scientific conference
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Рік заснування видання - 2014

COORDINATION OF INFORMATION SECURITY WITHIN THE FRAMEWORK OF THE SHANGHAI COOPERATION ORGANIZATION

02.06.2021 21:22

[Section 2. Constitutional law. Constitutional judicial law. International law]

Author: Maksurov Alexey Anatolevich, PhD in Law, Professor, Kiev National University named after Taras Shevchenko


Coordination of information security within the framework of the Shanghai Cooperation Organization is currently carried out in accordance with the parameters of this kind of interaction developed in European countries, as a model [1, 159].

For example, an extremely significant act is the Agreement

between the governments of the member States of the Shanghai Cooperation Organization on cooperation in the field of international information security of June 16, 2009 [2].

Article 3 of the Agreement outlines the main areas of cooperation, which can be conditionally grouped into the following groups.

First, some coordination mechanisms are envisaged, such as the identification, coordination and implementation of the necessary joint measures in the field of international information security. Secondly, it provides for information control, including in the form of ongoing monitoring of the situation. Third, joint information control implies both a coordinated response to cybersecurity threats and information exchange. Fourth, in addition to information exchange, the exchange of experience in the field under study is indicated. Sixth, analytical work (assessments, expert studies, etc.) is presented as a direction of cooperation. Seventh, on the basis of analytical work, it is supposed to improve the norms of international law in the field of cybersecurity. Other areas of cooperation are also possible.

Cooperation is carried out on the basis of the general principles defined in Article 4 of the Agreement, but these principles are poorly elaborated in this norm and mainly contain a reference to generally recognized norms and principles of law.

Among the main forms and mechanisms of cooperation, Article 5 of the Agreement specifies 1) information exchange, 2) analysis and 3) joint assessment of emerging threats to information security, 4) identification, coordination and coordination of joint measures to respond to such threats. The possibility of holding consultations is also indicated.

As you can see, the tools of interaction forms are not rich; in the Agreement, it is expressed superficially (for example, "coordination" means "coordination" and it is not necessary to specify it separately). Neither the forms of coordination of joint efforts in this area, nor the coordination procedures are defined.

At first glance, much attention in Article 6 of the Agreement is paid to the protection of transmitted information. However, in fact, this rule repeats the provisions of other norms of international law that are already known to the world community. The most significant is the permission to refuse to transfer information to the other party if it is contrary to the national interests, which, of course, reduces the practical value of the Agreement.

Literature:

1. Maksurov A.A. Coordination in legal systems of the countries of Europe. Part II. Monograph - M .: Rusays, 2018. – 198 р.

2. Agreement between the Governments of the member States of the Shanghai Cooperation Organization on Cooperation in the Field of International Information Security, dated June 16, 2009 // https://docs.cntd.ru/document/902289626



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