Proposing ELDA methodology: Ethical and Legal by Design and Assessment for cybersecurity solutions

The Guidelines Ethical by Design and Ethics of Use Approaches for Artificial Intelligence have provided an extensive and detailed set of indications grounded on interdisciplinary debate regarding the use of artificial intelligence. This article aims to leverage the intellectual work leading to its ethical approaches to develop a framework adapted to the specificities of cybersecurity. The overall result of this paper is to propose Ethical and Legal by Design and Assessment Guidelines (ELDA) that integrate the ethics questions and the legal questions, arguing that an ethical by design approach cannot be sustained without its big brother: legal by design. Ethics by design can be a policy direction until there is a clearly emerging legal framework. Legal by design in technological domains is often taken for granted, better “assumed as granted” by the need to be lawful. Building on these premises, this text aims to provide initial advice on both perspectives when designing, developing, deploying, or using cybersecurity solutions, regardless of the sector of application.