Shulba Sutras, Kerala School, and Brāhmasphuṭasiddhānta), Greek mathematics (around 240 BC, e.g. This includes Babylonian mathematics (around 2500 BC), Egyptian mathematics (around 1550 BC), Indian mathematics (around 800 BC and later e.g. Since antiquity, step-by-step procedures for solving mathematical problems have been attested. The transition from one state to the next is not necessarily deterministic some algorithms, known as randomized algorithms, incorporate random input. Starting from an initial state and initial input (perhaps empty), the instructions describe a computation that, when executed, proceeds through a finite number of well-defined successive states, eventually producing "output" and terminating at a final ending state. Īs an effective method, an algorithm can be expressed within a finite amount of space and time, and in a well-defined formal language for calculating a function. In contrast, a heuristic is an approach to problem solving that may not be fully specified or may not guarantee correct or optimal results, especially in problem domains where there is no well-defined correct or optimal result. Using human characteristics as descriptors of machines in metaphorical ways was already practiced by Alan Turing with terms such as "memory", "search" and "stimulus". More advanced algorithms can use conditionals to divert the code execution through various routes (referred to as automated decision-making) and deduce valid inferences (referred to as automated reasoning), achieving automation eventually. Algorithms are used as specifications for performing calculations and data processing. In mathematics and computer science, an algorithm ( / ˈ æ l ɡ ə r ɪ ð əm/ ( listen)) is a finite sequence of rigorous instructions, typically used to solve a class of specific problems or to perform a computation. In: DuD, p.Ada Lovelace's diagram from "note G", the first published computer algorithm Beck, München (2021)īartels, K., Backer, M.: Die Berücksichtigung des Stands der Technik in der DSGVO. Seibel, M.: Abgrenzung der “allgemein anerkannten Regeln der Technik” vom “Stand der Technik”. (ed.): BImSchG, Bundes-Immissionsschutzgesetz. IT Security Association Germany (TeleTrust) in co-operation with ENISA: IT Security Act (Germany) and EU General Data Protection Regulation: Guideline “State of the art”, Technical and organizational measures (2021). 3īSI: Orientierungshilfe zu Inhalten und Anforderungen an branchenspezifische Sicherheitsstandards (B3S) gemäß § 8a Absatz 2 BSIG. Beck, München (2020)ĭeutscher Bundestag, BT-Drs. Schulte, M., Michalk, K.: § 3 BImSchG marginal no. In: González Fuster, G., van Brakel, R., de Hert, P.: Research Handbook on Privacy and Data Protection Law: Values, Norms and Global Politics, pp. Von Grafenstein, M.: Co-regulation and the competitive advantage in the GDPR: data protection certification mechanisms, codes of conduct and the ‘state of the art’ of data protection-by-design. Following an introduction to the three-step theory developed by the German constitutional court, where ‘state of the art’ is located between the ‘generally accepted rules of technology’ and the ‘state of science and technology’, this paper argues that this approach can also be applied at EU level in the context of IT security. Briefly, the reasons for abstaining from clear technical guidance are addressed. This paper, based on a workshop held at the 14 th IFIP summer school, analyses the contexts in which the notion ‘state of the art’ is being used in legislation. The same applies to public electronic communications networks or services regarding the security of their networks and services under the EECC.Īlthough the notion is widely referred to in legal texts, there is no standard legal definition of the notion. Similarly, the GDPR requires data controllers, and to some extent processors, to take ‘state of the art’ into account when implementing appropriate technical and organisational measures to mitigate the risks caused by their data processing activities. Having regard to the ‘state of the art’, those measures shall ensure a level of security of NIS appropriate to the risk posed. In the context of IT security, legal instruments commonly demand that IT security is brought up to the level of ‘state of the art’.Īs the first horizontal instrument on cybersecurity at EU level, the NIS Directive requires that Member States shall ensure that operators of essential services (OESs) and digital service providers (DSPs) take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of network and information systems which they use in their operations, or in the context of offering specific services.
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