The Authorities Competent for Cybersecurity

Abstract

AbstractAuthorities competent for cybersecurity matters are indicated in Article 41 of the NCSA. The legislator created a catalogue of organs, at the same time specifying the scope of their properties. The legislator, while creating the catalogue of competent authorities, indicated among them ministers managing government administration departments. The Polish Financial Supervision Authority is an exception.Various legal doubts arise in analysing the legal status of authorities and the scope of their tasks. First of all, the authorities competent for cybersecurity were explicitly indicated as an element of the National Cybersecurity System, but their exact indication as public entities was missing.Secondly, attention should be paid to the overlapping of competences of authorities competent for cybersecurity with the competent authorities in the field of crisis management.The specified catalogue of the scope of tasks of the organs was limited to listing their individual tasks. In the implementation of tasks, public administration bodies use their imperious forms of activity.It is also worth noting that the competent authorities consult and cooperate with relevant national law enforcement and national data protection authorities. The presence of various legal problems and issues was the motivation behind this article.