THE LEGAL STATUS OF LOCAL SELF-GOVERNMENT IN THE FIELD OF PUBLIC SECURITYThe vast array of responsibilities assigned to local self-government include also public security. This is all the more important as it must be ensured at every tier of administration, including in the regions. The local self-government, as the basic form of decentralised public administration, is situated closest to citizens and is therefore most responsive to their needs, with security needs being fundamental needs that must be addressed on a continuous basis.The jurisdiction of local and regional government bodies in the field of public security concerns many areas, but it is the local government which holds most of these responsibilities while the regional government is entrusted with less responsibility in this matter. This characteristic covers the institution of emergency states, crisis management, or issuing public order regulations.
Local and regional governments play a special role in public life. They perform, on their own behalf and responsibility, certain tasks commissioned by the State by way of legal Acts. The objective of the local and regional governments' existence is to meet the collective requirements of their respective communities. Meeting the needs of residents also requires activities in the field of telecommunications, including support for the development of telecommunications services and networks. However, such development must be monitored. The role of local and regional governments, on the one hand, is to support this development, and, on the other, to protect the users of telecommunications services and networks from threats. Cybersecurity must therefore occupy the right place in the catalogue of local and regional governments' tasks; it cannot be marginalised, as cyberthreats are real, and can result in substantial damage that is not only virtual.
A significant threat to the security of a State, and its citizens, which cannot be mitigated with the use of standard procedures, i.a., without restricting human and civil rights and freedoms, can result in the establishment of a state of exception (martial law, state of emergency, state of natural disaster). A cybersecurity threat is considered to be one of the premises for introducing such a state. Due to cybersecurity issues, the President of the Republic of Poland (martial law, state of emergency) and the Council of Ministers (state of natural disaster) may introduce a state of exception. Threats in cyberspace might prove significant enough from the point of view of the functioning of the State, its authorities, and the public, to substantiate the announcement of a state of exception.
Jednym z ważniejszych pojęć o odcieniu aksjologicznym, którymi posługuje się prawodawca jest pojęcie dobra wspólnego. Aksjologia ta nie pozbawia jednak treści normatywnej dobra wspólnego jako wartości konstytucyjnej. Chociaż nie jest ono pozbawione treści normatywnej, to jednak istnieją pewne trudności jej dekodowania, co wynika z dużego stopnia uogólnienia tego pojęcia. W ramach dobra wspólnego można wyróżnić bezpieczeństwo, które jest wartością społeczną oraz publiczną, a nie wyłącznie indywidualną. Zapewnienie bezpieczeństwa jako cel działania państwa i jego organów można zatem postrzegać poprzez pryzmat dobra wspólnego.
Effective support for measures to protect ICT systems against cyberthreats is possible through the use of appropriate incentive schemes to motivate people hired by entities concerned with matters of cybersecurity. One such incentive involves an ICT benefit, paid from the Cybersecurity Fund managed by the minister competent for computerisation.
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