Final Exam in Public Privacy by Prof. Dr. Anja Mihr: “The Rule of Law as a means and way to cyber security” I. Definitions: I’ll start this essay by defining the notions of Rule of Law, and recalling what we mean, by cyberspace and cyber security .  First, LexisNexis website defines the rule of law as follows: “The Rule of Law, in its most basic form, is the principle that no one is above the law. The rule follows logically from the idea that truth, and therefore law, is based upon fundamental principles which can be discovered, but which cannot be created through an act of will.” 1 Another definition of the Rule of Law is given by the Secretary-General of the United Nations 2 . In a report from 2004, he states: “The Rule of Law is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency." Moreover, the same website adds that “The principle of the rule of law applies at the national and international levels. At the national level, the UN supports a rule of law framework that includes a Constitution or its equivalent, as the highest law of the land; a clear and consistent legal framework, and implementation thereof; strong institutions of justice, governance, security and human rights that are well structured, financed, trained and equipped; transitional justice processes and mechanisms; and a public and civil society that contributes to strengthening the rule of law and holding public officials and institutions accountable. These are the norms, policies, institutions and processes that form the core of a society in which individuals feel safe and secure, where legal protection is provided for rights and entitlements, and disputes are settled peacefully and effective redress is available for harm suffered, and where all who violate the law, including the State itself, are held to account.”  In this MOOC about public privacy 3 , cyber security and human rights, Pr. Dr. Anja Mihr defines cyber security as “a complex notion, encompassing the respect for human rights and many other fundamental freedoms we enjoy online as well as offline; at the same time, cyber security means ways and means to secure our private data and our privacy rights in cyber space.” 1 Lexis/Nexis, article about the Rule of Law : http://www.lexisnexis.co.uk/en-uk/about-us/rule-of-law.page 2 United Nations Rule of Law : http://www.unrol.org/article.aspx?article_id=3 3 Pr. Dr. A. Mihr, « Public Privacy : Cybersecurity & Human Rights », chapter 8 (2013)