Cybersecurity and Information Security: Problems of Differentiation of Concepts and Unification of Terminology in International Law

Objective: to identify and conceptually distinguish the concepts of “cybersecurity” and “information security”; to provide well as their comparative analysis with related terms used in national and international legal regulation.

Methods: the research relies on a historical approach that allows tracing the genesis and evolution of cybersecurity and information security concepts by studying regulatory legal acts, international treaties, conventions and other historical documents reflecting the progressive development of these concepts in legal discourse. Together with the historical approach, an analytical method focuses on the systematic study of legal texts, the disclosure of their semantic content and a critical understanding of the ideas of Russian and foreign scholars. 

Results: the research showed that the terms “cybersecurity” and “information security” in modern doctrine and practice are often identified and used interchangeably, while there are fundamental semantic and legal differences between them. Information security is a broader concept covering data protection in any form of their existence, whereas cybersecurity applies exclusively to data protection in the digital space. An analysis of international legal documents, including those of the UN Group of Governmental Experts, confirmed the lack of consensus on a unified conceptual framework, which creates legal uncertainty at the national and international levels. The author substantiates the need to consolidate agreed definitions in international treaties and conventions under the auspices of the United Nations in order to harmonize the current legislation of states.

Scientific novelty: it is due to the insufficient comparative analysis of the concepts of “cybersecurity” and “information security” in their legal dimension. The author filled this gap by systematically comparing these categories based on a wide range of normative sources and doctrinal positions. 

Practical significance: the study results can be used to improve legal mechanisms of digital regulation. Delineating the spheres of cybersecurity and information security makes it possible to remove terminological uncertainty and improve the quality of law-making and law enforcement. The materials can be used in the development of international legal acts and national legislation.