identifying the critical elements of both a state’s CII and critical information
infrastructures (CII) elements of critical infrastructure is emphasised in the good
practice guidance available from the GFCE. This includes the importance of a
coordinated approach between all actors involved in CIIP and CIP. An example of a
multi-layered, intra-sector and coordinated approach, which integrates the
protection of CII and CI is provided by Estonia’s CIP policy.xxv
Personal data, including sensitive personal data, is often compromised as a
result of incidents which affect CII and or/CI. At the same time access and monitoring
of data is required to identify and manage risks. Therefore, it’s important to
recognise that CIIP and/or CIP policies should be consistent with privacy and data
protection regulations.xxvi For example, sharing of information on risks and incidents
to the national competent authorities might require processing of personal data and
therefore should comply with privacy and data protection regulations and protect
the right to privacy.
ICRC &
Australian
Red Cross
While cyber security and defence are constantly improving, older systems with
outdated or even non-existent cyber security are particularly vulnerable to cyber
attacks and will remain a concern in the years to come. Both the public and private
sectors have a role to play through industry standards and legal regulation.xxvii
In the health-care sector, for instance, the regulatory environment should be
adapted to the increased risk, such as through standardisation requirements, with a
view to ensuring resilience in the event of a cyber attack. Cyber security needs to be
taken into account in the design and development of medical devices and networks
and updated throughout their lifetime, no matter how long they last. Similarly, for
industrial control systems, industry standards, whether imposed or self-imposed, are
critical. This includes reporting incidents and sharing information between trusted
partners.xxviii
In terms of IHL, parties to armed conflicts must take all feasible precautions to
protect civilians and civilian objects under their control against the effects of attack.
This is one of the few IHL obligations that States must already implement in
peacetime, especially with regard to fixed installations. While cyberspace is a virtual
global domain, the obligation to take precautions against the effects of attacks
extends at least to the physical infrastructure of cyberspace (and to objects whose
functioning depends on that infrastructure) located in a State’s territory, or in any
territory that may be occupied by a party to the conflict.xxix
Among many other avenues that could be explored,xxx States could consider
creating a “digital watermark” to identify certain actors or infrastructure in cyber
space that must be protected (such as objects that enjoy specific protection under
IHL). The aim would be to help their identification and prevent them from being
targeted during armed conflicts. The potentially positive effects in terms of
protection against unintended harm by law-abiding actors would however need to
be balanced against the risk of disclosing information on critical infrastructure to
potential adversaries, including criminals. The prospects of positive effects might
depend in part on attribution becoming easier.xxxi
Institute for
International
Cyber
Stability
States should develop domestic plans and policies for critical infrastructure
cybersecurity (i.e., US Commerce Department, NIST Cybersecurity Framework).
States should also invest in training of relevant stakeholders in the different sectors
of critical infrastructure.
Kaspersky
To address the rapid development of emerging technologies and the resulting
changing threat landscape that has the potential to impact the critical infrastructure
protection, we suggest the following actions:
-
a government-industry supply chain security task force to identify best
practices, guidelines and lessons learned for secure technology procurement,
and evaluation of ICT suppliers’ trustworthiness;
-
transparency vulnerability management programs to ensure the integrity of
critical infrastructure by ensuring operators can fix vulnerabilities before they
are exploited by hostile actors; and
@DFAT DFAT.GOV.AU
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