=Paper= {{Paper |id=Vol-2443/paper01 |storemode=property |title=On Challenges of Cyber and Information Security Management in Federal Structures - The Example of German Public Administration |pdfUrl=https://ceur-ws.org/Vol-2443/paper01.pdf |volume=Vol-2443 |authors=Thomas Rehbohm,Kurt Sandkuhl,Thomas Kemmerich |dblpUrl=https://dblp.org/rec/conf/bir/RehbohmSK19 }} ==On Challenges of Cyber and Information Security Management in Federal Structures - The Example of German Public Administration== https://ceur-ws.org/Vol-2443/paper01.pdf
        On Challenges of Cyber and Information Security
              Management in Federal Structures -
         The Example of German Public Administration

               Thomas Rehbohm1, Kurt Sandkuhl1,4, Thomas Kemmerich2,3
                1
                  Institute of Computer Science, University of Rostock, Germany
 2
     Technologie-Zentrum Informatik und Informationstechnik, University of Bremen, Germany
            3
              Norwegian University of Science and Technology, Trondheim, Norway
                            4
                              Jönköping University, Jönköping, Sweden



         Abstract. Security management in organizations is a complex task requiring
         defined organizational structures and processes. Established standards and rec-
         ommendations provide methodological guidance for establishing and managing
         security. However, it has been observed that governmental or public bodies
         show different challenges in security management than industrial organizations
         due to their often densely regulated settings. In this context, in particular federal
         multi-layered structures have been pointed out as hard to manage. The main
         contributions of this paper are the results of an interview study among the chief
         information and security officers (CISOs) of the federal states of Germany. The
         results shed light on current challenges in cybersecurity management. The re-
         sults are meant to establish the relevance of research work in this area and to be
         the starting point of developing artefacts or instruments supporting cybersecuri-
         ty management at the interface of federal states and municipalities in particular.

         Keywords: Reference model, cyber security, public administration.


1        Introduction

   Security management in organizations is a complex task requiring defined organi-
zational structures and processes and encompassing various aspects, such as technol-
ogy, culture, competency, documentation, etc. [4]. Established standards and recom-
mendations, as for exampe ISO 27001 [1], SABSA [2] or IT Grundschutz [3], provide
methodological guidance for establishing and managing security. However, it has
been observed that governmental or public bodies show different challenges in securi-
ty management than industrial organizations due to their often densely regulated set-
tings. In this context, in particular federal multi-layered structures have been pointed
out as hard to manage. This paper aims at contributing to a better understanding of the
organizational and policy-related challenges of implementing cybersecurity manage-
ment in federal states based on the example of Germany.
   Taking the relationship between the federation, fedreal states and municipalities as
focus area, the paper investigates the perceived challenges of policy implementation

Copyright © 2019 for this paper by its authors. Use permitted under Creative Com-
mons License Attribution 4.0 International (CC BY 4.0)




                                                 1
on executive level in the states from a governance perspcective. More concrete, the
study investigates the view of the CISO within an interview study.
    Although our work investigates challenges for management of cyber and infor-
mation security in German public administration only, there are indications of previ-
ous work that similar challenges are also visible in other federal structures. For exam-
ple, [6] analyzed and compared practices in cybersecurity implementation in the US,
Germany and China, and concluded the need for detailed analysis work.
    The information and cyber security of the public administration at federal, state
and local level is determined by many factors. Germany's federal system is subject to
dependencies comparable to those of Europe in relation to its member states. All pub-
lic administrations face the same challenges as citizens and businesses. Information
and cyber security is threatened and can only be ensured with increased use of tech-
nical and human resources. In addition, the political will must exist and legal con-
formity must be established. The technical infrastructures of the administrations are
an essential basis for government services for citizens and society. Therefore, the
resilience of companies providing services of general interest - including the public
sector - in the administrative structure must be ensured. Information security of the
public administration therefore has to include all relevant aspetcs of cyber security.
    Cyber and information security is not a question of national or federal administra-
tive structures. The legislation and the associated rights and obligations must be de-
termined by uniform possibilities of action against highly dynamic - also criminal -
actors on the Internet. This problem is to be investigated in an interview study as part
of this work. The specific aspects of IT management in the administrations and their
internal structure in Europe, the German Federal Government, the Federal States and
local authorities will be identified and approaches to solutions will be developed.
Possibilities for the collection of data arise in the federal states’ working committees
of the Conference of the Interior Ministers and the IT Planning Council.
    Despite certain coordination attempts by the German IT Planning Council, the dig-
itisation of the administration also takes place according to the strategy of the federal
state and local authority. Due to this form of digitisation in Germany in general and in
the administrations in particular, the efforts of comparable and uniform information
security management at all levels of government in Germany will be given lower
priority. In comparison to the private economy, the administrations have no overrid-
ing requirements for the implementation of information technology content objec-
tives, an inherent problem of the system. The public administrations are not only re-
sponsible for their own IT and the digitalisation of administrative services, but also
for the critical infrastructure. With the federal legal requirements on critical infra-
structures, the federal states have at least moved into the focus of IT situations in the
area of existence prediction. In the meantime, it has also become apparent that purely
arithmetically recorded companies of general interest do not cover the target group of
major cities and regions.
    From a political perspective, the federal government, the separate governments of
the federal states and the various municipality councils are in charge of implementing
EU laws and regulations or transposing into national law or directives. From an exec-
utive perspective, i.e. implementation of the political will manifested in the legisla-




                                          2
tion, the federal states and their organization structures play an important role, as they
are in charge of guiding, directing and supervising the subordinate agencies or ad-
ministartions in their federal state. In this context, the CISOs of the federal states are
the central roles (cf. section 2 and 4).
   The main contributions of this paper are the results of an interview study among
the CISOs of the federal states of Germany. The results shed light on current chal-
lenges in cybersecurity management. They are meant to establish the relevance of
research work in this area and to be the starting point of developing artefacts or in-
struments supporting cybersecurity management at the interface of federal states and
municipalities in particular.
   The remaining part of the paper is structured as follows: Section 2 introduces
background information on public sector data protection in federal structures. Section
3 introduces the research methodology applied in the paper. Section 4 summarizes the
results of a literature study. Section 5 presents design and results of the interview
study performed among the CISOs. Section 6 summarizes the findings and implica-
tions for future work.


2      Public sector data protection in federal structures

The information and cyber security of the federal, state and municipal public admin-
istrations is determined by many factors. Germany's federal system is subject to de-
pendencies comparable to those of Europe in relation to its member states. Public
administrations commonly face the same challenges in cyber security as citizens and
businesses. Information and cyber security is threatened and can only be ensured with
increased use of technical and human resources. In addition, the according political
will must exist and legal conformity must be established.
The technical infrastructures of administrations are an essential basis for government
services for citizens and society. Therefore, the resilience of companies providing
services of general interest - including the public sector - must be ensured in the ad-
ministrative division of Germany. The information security of the public administra-
tion is to be extended thus by the aspects of the cyber security.
    In the literature, the topic of technology and “data protection impact assessment”
of the critical infrastructure "public administration" and its information technology
with regard to ensuring information and cyber security has not yet been dealt with in a
structural approach. Only partial aspects of the respective responsibilities of the min-
istries at federal and state level are subject to closer scientific examination.
    The Committee for Education, Research and Technology Assessment in the Bun-
destag, for example, dealt with the "endangerment and vulnerability of modern socie-
ties - using the example of a large-scale and long-lasting power failure" and its effects
on society's telecommunications and information technology [6].
    "The impact analyses have shown that after only a few days it is no longer possible
to ensure the nationwide supply of the population with (vital) necessary goods and
services in the affected area. Public security is at risk, and the state can no longer
meet the constitutional obligation to protect the life and limb of its citizens. In doing




                                           3
   so, it would also lose one of its most important resources - the trust of its citizens".
   (Committee on Education, 2011)
      This result does not go far enough for the consideration envisaged in this paper, but
   shows that even a power failure with a low probability of occurrence - across state
   borders - would be tantamount to a national catastrophe.
      As a result of such investigations, the federal government has renewed the imple-
   mentation plans for critical infrastructures and the federal government. The sectors
   (Figure 1) energy, food, finance and insurance, health, information technology and
   telecommunications, media and culture, transport and traffic as well as water are ad-
   dressed via the UP Critis, the state and administration via the UP Bund. The Federal
   Office for Civil Protection and Disaster Relief is responsible together with the Federal
   Office for Information Security and pursues the following objectives:
           • Promotion of the robustness of ICT components in critical processes
           • Exchange on current incidents
           • Joint assessment and evaluation of the cyber security situation
           • Development of common documents and positions
           • Establishment and expansion of crisis management structures
           • Coordinated crisis response and management
           • Conducting emergency and crisis exercises
           • Joint action vis-à-vis third parties
   Within the framework of the legislative competence of the federal government, these
   objectives are supported at several legal levels. The Act to Increase the Security of
                                               Information Technology Systems (IT Secu-
                                               rity Act) - as an Article Act - applies to
                                               most of the aforementioned sectors and
                                               obliges operators of such infrastructures to
                                               take special measures, coordinated with the
                                               Federal Office for Information Security
                                               (BSI), to increase resilience to cyber at-
                                               tacks.

                                                 The "state and administration" sector is
                                                 only indirectly affected by federal regula-
                                                 tions, as the sector cannot be legally ad-
                                                 dressed due to federal responsibilities and
                                                 is provided for in the UP Bund. This scien-
                                                 tific work should start with the effects.
Figure 1 Critical infrastructure sectors in Germany
                                                      The federal government and the
                                                   federal states have set up various
   working groups for the topics of information security and cyber security with condi-
   tionally coordinated work contents. Different departments for reasons of competence
   also staff them:




                                                4
• A working group chaired by the Conference of Interior Ministers (IMK) is dealing
   with the issue of cyber security. A scientific discussion under a holistic approach is
   to take place - governed by the National Cyber Security Council (NCSR) - the
   permanent working group of the IMK has been established as the working level of
   the NCSR. The NCSR is composed of political leaders and business representa-
   tives, bundles the activities for cyber security between state and business and is co-
   ordinated by the Federal Government Commissioner for Information Technology.
• The information security concerns of the Federal Government and the federal
   states are coordinated in a permanent working group of the IT Planning Council
   (IT State Treaty on the Establishment of the IT Planning Council). Representatives
   from various departments are delegated to this working group.
In 2009, the Federalism Commission II created the basis for binding IT coordination
between the federal and state governments with Article 91c of the Basic Law, i.e.
constitution of the Federal Republic of Germany.
   At European level, Directive (EU) 2016/1148 of the European Parliament and of
the Council of 6 July 2016 on measures to ensure a high common level of security of
network and information systems in the Union (NIS Directive) was adopted. As in the
IT Security Act, the scope of "State and Administration" was not dealt with here ei-
ther. The Act to Implement the Directive (EU) 2016/1148 of the European Parliament
and the Council, the IT Security Act and the BSI Act with corresponding BSI Critis
Ordinances are merely the national legal implementations of the EU Directive and can
therefore not close this gap.


3      Research Methodology

   The main research methodologies used in this paper are literature research and in-
terview study. The literature search (presented in section 4) aims at analyzing relevant
related work in the scientific body of knowledge. One conclusion from this research is
the lack of knowledge about the view of the federal states regarding the challenges of
cybersecurity implementation. Thus, it was decided to perform an interview study
among the CISO and analyze interview contents based on qualitative content analysis.
The research question for the study performed is: On the exectutive level of the feder-
al states of Germany, what are the perceived status and expressed challenges of cy-
bersecurity management? "Executive level" in this context means that we include
only the CISOs of the federal state in the study.
   The research question is then further defined with an analysis of the content - the
determination of the relevance of the topic - and the theoretical introduction into the
research field.
   A study in the form of guideline-supported interviews was carried out in order to
define the topic area. Participants were the IT security officers of the federal states.
The colleagues, also known as CISOs, described the challenges, opportunities and
risks of their activities in an interview with defined questions. The interview guideline
is the result of preliminary considerations, theoretical studies and maturity models
developed in the past. The results obtained and written on were subjected to a qualita-




                                          5
tive content analysis according to Phillip Mayring [7]. This method serves the purpose
of empirical data evaluation and includes recommendations for a systematic and veri-
fiable text analysis.
   Mayring’s approach [8] includes 6 steps: Step 1 is to decide what material to ana-
lyze, which consists in our case of the notes taken during the interviews. The inter-
viewed CISOs all are experienced in the field of cybersecurity and quailified for their
positions, which makes them suitable sources and experts for the research question.
Step 2 is to make explicit how the data collection (i.e. in our case the interviews) was
arranged and prepared. The purpose of this step is to make all factors transparent
which could be relevant for interpreting the data. The CISOs were selected based on
their position and from existing contacts of the researchers involved. As preparation
for the interviews, the hypotheses and interview guidelines were arranged. The inter-
viewees received information about the purpose of the interview. The interviews with
the CISOs were between 28 and 56 minutes long.
   Step 3 is to make explicit, how the transcription of the material had to be done. The
material was analyzed step by step following rules of procedure devising the material
into content analytical units. The rules included what IDs to use for the units of dif-
ferent interviews, how to tag content related to the interviewer and content from the
interviewees, how to mark comments, etc. Step 4 concerns the subject-reference of
the analysis, i.e. that the connection to the concrete subject of the analysis is made
sure. Subject-reference was implemented by (a) defining the research question and
corresponding sub-questions in the interview guidelines and (b) using the subjects of
these sub-questions as categories during the analysis.
   Step 5 recommends theory-guided analysis of the data, which is supposed to bal-
ance vagueness of qualitative analysis with theoretical stringency. For theory-
guidance, we took the state-of-the-art into account during both, formulation of the
sub-questions and analysis of the material. Step 6 defines the analysis technique,
which in our case was content summary. This attempts to reduce the material in such
a way as to preserve the essential content and by abstraction to create a manageable
corpus which still reflects the original material.
   All in all, the qualitative research focuses on the understanding of interrelation-
ships, which is done here by means of interviews. This means, an inductive approach,
which is concluded from empirical individual observations on the general. Quantita-
tive research, on the other hand, is usually based on a questionnaire structure, with
closed questions and given answer possibilities, as in the preliminary studies collected
by the maturity models. Contexts are worked out and hypotheses tested. A deductive
approach means, from the general to the specific. In a further step of the research, the
questionnaires are to be carried out with a more extensive group of addressees.


4      Literature Analysis

  Relevant literature for the topic under consideration was identified by using
Google Scholar as the main search tool. Due to the nature of the topic, it quickly be-
came obvious that many of the relevant sources were publications in German. The




                                          6
available literature on this topic includes essential articles from the field of govern-
ment and administration, which are mainly published in the context of German ad-
ministrations. In addition, there are current developments from European research
activities.
   The article "Cyber security in critical infrastructures, European and German regu-
lation - an overview" [9] deals with the connections between European and national
regulation. In particular, the cooperation of the member states and the operators of
infrastructures of general interest and their obligation to exchange information (re-
porting obligations) via central contact points. The federal states have established
their own federal state CERTs (Computer Emergency Response Teams) for this pur-
pose. Operators of critical infrastructures can also set them up, but are only obliged to
have a single point of contact for receiving information and for reporting incidents.
The joint exercises will also be conducted in the European area, which will now also
play an important role at the national level.
   Analogous to the Lükex (state and interdepartmental crisis management exercise) -
controlled by the Federal Office for Civil Protection and Disaster Relief - states such
as Hessen design special IT crisis management exercises (KRITEX) to deepen inter-
departmental cooperation in the event of critical cyber events.
   In the article "Security-Management-as-a-Service" [10], a problem is addressed
which found in the meantime be identified in the entire German administrative struc-
ture, the lack of skilled workers. Another aspect is the fundamental affinity of IT em-
ployees with regard to awareness of cyber security risks, but there is a lack of holistic
control of the security management process and a commitment to responsibility:
   “Our investigations and in-depth interviews in several authorities throughout
Germany gave a detailed but heterogeneous picture of the infrastructure used, the
knowledge and motivation of the employees in the areas of IT security and security
management, as well as the available personnel and financial resources.“ (Stefan
Pfeiffer, 1/2019)
   The administrations in Germany are structured in such a way that - as in the past
decades - they can only recruit skilled workers with salaries and collectively agreed
wages in areas that are specific to vocational training (traditionally according to voca-
tional or academic qualifications). Unless rapid civil service is identified as a unique
selling point of the administration, the administration must face up to the competition
from commercial enterprises. Where administrations can overcome the proven sys-
tems of employee recruitment, a co-appointment between administrations of federal,
state and local authorities (cannibalisation) is additionally created. A new way of
recruiting employees and retaining them in the company, as well as employer brand-
ing, can only be expected in the future.
   In the article "IT security - a law-free space" [11], the authors discuss the need to
create further regulations; analogous to the basic data protection regulation, a basic IT
security regulation should be created. This is based on the idea that IT security is a
basic prerequisite for digital sovereignty. Digital sovereignty is understood to be mul-
tidimensional, to develop key technologies itself and to exercise control and self-
determination over actions in the digital space. The evaluation from the interviews of
this work resulted in a similar assessment. The Karlsruhe Institute of Technology, the




                                          7
FZI Research Center for Computer Science and the Fraunhofer Institute for Optron-
ics, Systems Engineering and Image Evaluation [12] investigated the complexity of
the ideas about digital sovereignty in Europe. Important definitions of the understand-
ing of digital sovereignty were also developed for this research.
    “Infrastructure sovereignty refers to the ability to establish or verify the trustwor-
thiness of technical infrastructures and to operate them in such a way that services
offered thereon can be trusted. Data sovereignty refers to the ability to inform and
decide for oneself how and by whom information about one's own person or institu-
tion, one's own actions or products is collected, processed and passed on. Decision
sovereignty refers to the possibility of tracing the origins and justifications for deci-
sions and recommendations for action of autonomous systems and assistants and, if
necessary, influencing them by human intervention. Platform sovereignty arises when
the market power of major players in a platform economy is limited to a degree where
fair competition remains possible through regulation and conscious customer deci-
sions.” (Jürgen Beyerer, 5/2018)
    The above mentioned definitions are used in this work. The Karlsruhe Theses
themselves and open research questions establish a motivation to investigate the topic
of this work.
    In "Systematization of IT Security Law" [13] the authors see an discrepant, incom-
prehensible and thus inconsistent IT legislation. The review begins with the 1990s;
the first BSI laws, the data protection law, the signature law and the liability law. It is
shown that since then the IT legislation has strongly diversified and in the following
years, more than 60 legally effective regulations in the IT security environment arose
at the federal government alone. From the area of critical infrastructures, special legal
regulations were added, such as from the areas of energy, nuclear industry or tele-
communications, which were last adapted in 2016 with the Article Law on IT Securi-
ty (IT-SiG). Furthermore, shortcomings in the timely implementation of European
legislation into German law are pointed out.
    The European Parliament, the Council and the European Commission have reached
political agreement on the legal act on cyber security at the end of 2018. It strength-
ens the mandate of the European Union Agency for Network and Information Securi-
ty (ENISA). Resources will be pooled at ENISA to better help Member States deal
with cyber security threats and attacks. A common cyber security certification will
also be introduced. European Parliament passed the Cybersecurity Act in March 2019.
    The "Case study-based analyses of IT security in critical infrastructures" [14] are
an illustrative practical example. Particular attention was paid to critical infrastruc-
tures only after the Stuxnet incident (malware for Supervisory Control and Data Ac-
quisition). However, the infiltration of industrial control systems was only the begin-
ning. Private households, public administration or even hospitals are attacked in a
targeted and non-targeted manner.
    The case studies were based on guided expert interviews. A qualitative content
analysis according to Mayring [7] evaluated the data according to their significance.
Codes, such as the assessment and measurement of IT security, the enhancement of IT
security, the simplicity of the measure or the cost efficiency of the measure, were
formed and subjected to a cross case analysis in order to filter out similarities and




                                           8
differences. The study serves the understanding of the complex connections of IT
security projects and is suitable for the development of new research questions.


5      Interview Study

Based on the results of the literature study, it can be concluded that the existing publi-
cations cover the general situation in cybersecurity regulation in Germany and be-
tween Germany and the EU, but there is a lack of information about the political,
strategic and technical challenges arising from managing cybersecurity on the federal
state level. Thus, we decided to conduct an interview study involving the top execu-
tive level in the federal states. Section 5.1 describes the hypotheses underlying our
work, section 5.2 discusses the procedures applied for perfoming the interview study
and section 5.3 summarizes the resuls.

5.1    Hypotheses
   Based on the literature work in sections 2 and 4, we define two hypotehses which
are subject to investigation in the interview study.
   Hypothesis 1: The management of information security and cyber security is car-
ried out in a fragmented structure of responsibilities at federal and state level. The
Federal Government mainly maps the links to Europe. The states are not established
and in demand as designers of information and cyber security management.
   Hypothesis 2: Although it is their intended role in the federation, the federal states
do not act as driving forces shaping the cyber security of their municipalities - partly
because of the municipal right of self-determination. This is aggravated by the obliga-
tion of the federal states to be connected (the relationship between the federal states
and the municipalities is a legal principle that establishes legally enforceable claims
by the municipalities against the federal states if they enact laws that have financial
consequences for their municipalities). Only the central municipal associations can be
identified here as further possible participants and co-designers. The Deutscher Land-
kreistag (DLT) has a coordinating function for the Deutscher Städtetag (DST) and the
Deutscher Städte- und Gemeindebund (DStGB). Accordingly, the associations in the
respective federal states are listed below.
   Coordinating information and cyber security is a challenge given in the above-
mentioned federal structures, inconsistent responsibilities and financial dependencies.
This work will be the subject of a scientific study on the resilient structures of cooper-
ation.

5.2    Procedure
   The guideline-based interviews conducted in this study were based on the premise
that information and cyber security are subject to political, strategic, technical and
legal dependencies. In all cases, the interview partners were the CISOs of the federal
states of Germany. The role of the information security officer of a federal state has
been established as a functional office (Role of Information Security Management




                                           9
System (ISMS)), which is usually located in the hierarchy of a ministry. Due to the
special importance of the topic of information security, all CISOs have a direct right
to speak to the head of the authority, the state secretary or the minister, and have also
arranged regular meetings. As a rule, CISOs are career civil official or employees
who, depending on their position in the respective ministry, also possess a corre-
sponding qualification such as, jurists, engineers, natural scientists or corresponding
qualification in the fields of law.
   Two examples of questions from each of the four areas are given below for the
lead question-supported interviews.
Political: How do you see the digital sovereignty of your federal state in the future?
            What competencies and mandates does your ISMS and the CISO have?
Strategical: How "broad" is the scope of responsibility of the “information security
            management system” organization in your federal state (cyber vs. infor-
            mation security)?
            Why do they (not) see IT as a strategic tool or would they also give up
            competences?
Technical: How do they view virtualisation on the internet and its use by their federal
            states (cloud)?
            Which systems are used for active attack detection?
Legal:      Where do you see regulatory deficiencies in your federal state?
            How do they ensure compliance requirements for cloud usage variants?
   In the course of the guideline-based interviews, the questions did not have to be
used chronologically or entirely. Rather, in the course of the discussion it emerged
that the contents desired by this work were addressed in full by the interviewees
themselves.

5.3    Results
   After evaluating the transcripts of the interviews, identical answers or identical
tendencies were assigned to the statements of a group and were thus taken into ac-
count. Similarities, contradictions and differences were identified. Strongly differing
statements were not taken into account for reasons of resilience or were suitable for
elimination, especially tendentious statements. The official or personal circumstances
of each interviewee were taken into account.
   The results of the interviews are that both hypotheses were confirmed. The core re-
sults can be aggregated as follows:
a) Political perspective:
   The concerns of the CISOs can be addressed on an adequate hierarchic level in the
management (ministerial level) and are in part also regulated by law; this also applies
beyond relevant safety incidents that are effective for the public.
   The resources of information security management are predominantly acquired
centrally and are responsible decentrally (departmental sovereignty). To date, no fed-
eral state has been able to establish a system of indicators for the effectiveness or
improvement process of security management. "Key Performance Indicators" are
defined by the federal states as a Request and are to be included in the annual reports.




                                          10
Conformity with the respective national budget regulations is given, but no proof of a
"return on investment" can be offered.
    The respondents have different interpretations of the topic of digital sovereignty.
As shown in the literature research, the CISOs want scope for action for different
aspects of sovereignty (infrastructures, data, decisions or platforms). The concentra-
tion on a few central and "state-owned service providers" was the main focus of all
respondents.
    In the federal structures of the federal states in internal relations, no special man-
dates or competences were transferred to the CISOs or the central security manage-
ment - over and above the rights in coping with emergency situations. The procedures
are based on guidelines of the respective administration that are capable of compro-
mise or consensus.
b) Strategic perpective
    All central security management systems are consistently linked to ministerial au-
thorities, if necessary with the Chief Information Officer (CIO) or the Chief Digital
Officer (CDO) of the respective federal state. As a rule, the responsibility for cyber
security does not lie within the information security management; in the classical
structure of administrations, this topic can be found with civil protection/crisis man-
agement or with the state criminal investigation offices of the interior departments.
Consequently, responsibility for commercial enterprises (critical infrastructures) is not
linked to information security management either. The same applies to classic data
protection, which is provided for by law and set up in independent authorities of its
own. An exchange of content takes place via the working levels. Apart from the con-
flicting goals of information security and data protection (value protection vs. data
protection), however, a common risk process has been formulated as a requirement.
    IT and information security management is seen as a strategic means of achieving
efficiency gains, i.e. the modernisation of administration and digitisation. Decision-
making authority over IT and IT security is becoming a monopoly of power.
    The municipalities are currently only rudimentarily involved in the IT (security)
management processes. Local self-government has so far been little involved in the
strategic planning of the federal states, although the special role of the municipalities
as initiators of digitisation is clear.
c) Technical perspective
    Technically, IT of public administration is far behind the state of the art. The exist-
ing classical systems and infrastructures have been developed along the requirements
of the past decades. Newer technologies, for example for active attack detection, are
only occasionally tested because they require a legal basis. The first federal states
have made improvements here. Although respondents were aware of the enormous
importance of cloud computing or artificial intelligence (AI) applications, there is
only a limited willingness to exploit this potential. In very few federal states, there is a
resilient strategy for use of cloud services; in addition, respondents see too many par-
ties involved in the procedure, so that they are not prepared to do anything in advance.
d) Legal perspective
    In many federal states there are legally binding regulations on information security
in addition to data protection and the respondents mainly see implementation deficits




                                           11
here. Cyber security aspects have so far not been addressed, nor have municipal as-
pects. In all federal states, there is a need to clear the backlog, starting with the critical
infrastructures of the community (state and economy) up to municipal suppliers and
the municipalities themselves.
   There are sporadic legal bases in the federal states for the intervention in telecom-
munications secrecy, which is necessary for resilience against cyber attacks, in partic-
ular for breaking encrypted communication connections. The interviewees in the fed-
eral states consider national legislation in the federal government to be effective,
whereas European legislation is too vague and federal state legislation creates incon-
sistencies. There is no legal basis for the use of cloud services; rather, the federal
states rely on traditional mechanisms of audits along frameworks or federal guide-
lines, such as the BSI's Cloud Computing Compliance Controls Catalogue (C5).


6      Conclusions

   The survey on information security carried out identified challenges and perspec-
tives on the level of CISO and contributes to scoping future research in the field. No
study before had access to the view of the CISOs of federal states of Germany which
makes the study and its results unique. In particular, the evaluation using the maturity
model showed that only the federal states are in a position to achieve above-average
results, in which strategic and political intentions - explained via the change process
in IT management - and measures were taken, which in turn have technical and legal
consequences. Resource management in the respective institutions is of decisive im-
portance. Both financial resources made available and availability of skilled personnel
represent influences to be taken into account in all the dependencies considered.
   The core result of our study is that there is a need for more specific instruments in
coordinating the federation and the federal state level. Such instruments should ex-
ceed the support level offered by policies or guidelines and rather offer normative or
best practice recommendations. In particular, we believe that a refrence model cover-
ing organizational, application and information, and technology oriented aspects and
at the same time showing how existing legislation is implemented, could be of signif-
icant value to the CISOs. Thus, future work will investigate both pertinence and fea-
sibility of reference models and their development.
   The presented study refines or condenses the result in such a way that further as-
pects of federal cooperation must be examined more closely. In addition, there is an
extended focus on cyber security. Information security - maturity model - must be
considered together with cyber security. Furthermore, an additional study is to deter-
mine which companies in the counties - and which measures - need to be supported
by the federal states. Such dependencies should also be examined for the "state and
administration" sector.
   In research, IT has played a subordinate role in government and administration.
The functioning of public infrastructures is of enormous importance for services of
general interest. Interdependencies with other critical sectors were - if at all - insuffi-
ciently considered.




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   The further research will investigate the conflicts and deficits identified here, cre-
ate a model a reference and evaluate the context in the federal, state and local gov-
ernments. The results of this preliminary study must be taken into account.
   The reference model must do justice to the dynamic challenges of digitisation
(transformation process) but at the same time remain sufficiently scalable, so that in
particular the topics of information and cyber security, digital sovereignty, technology
and willingness to innovate, critical infrastructure and continuity management are
addressed more closely in the administrative structure of Germany.


References

1.  Disterer, G. (2013). ISO/IEC 27000, 27001 and 27002 for information security manage-
    ment.
2. Burkett, J. S. (2012). Business Security Architecture: Weaving Information Security into
    Your Organization's Enterprise Architecture through SABSA®. Information Security
    Journal: A Global Perspective, 21(1), 47-54.
3. German Federal Office for Information Security (2019) IT-Grundschutz Home.
    https://www.bsi.bund.de/EN/Topics/ITGrundschutz/itgrundschutz_node.html
4. Von Solms, R., & Van Niekerk, J. (2013). From information security to cyber securi-
    ty. computers & security, 38, 97-102.
5. Shackelford, S. J., Russell, S., & Kuehn, A. (2016). Unpacking the International Law on
    Cybersecurity Due Diligence: Lessons from the Public and Private Sectors. Chi. J. Int'l L.,
    17, 1.
6. Ausschuss für Bildung F. u. (2011). Gefährdung und Verletzbarkeit moderner Gesellschaf-
    ten – am Beispiel eines großräumigen und langandauernden Ausfalls. Berlin: Deutscher
    Bundestag, Drucksache 17/5672.
7. Mayring, P. (1983). Qualitative Inhaltsanalyse. Grundlagen und Techniken. Beltz Verlag,
    Weinheim 1983, 8. Auflage, Beltz, UTB, Weinheim 2003. Weinheim.
8. Mey, G. (2010). Handbuch Qualitative Forschung in der Psychologie. Wiesbaden: VS
    Verlag für Sozialwissenschaften Springer Fachmedien.
9. Dürig, M. (4/2018). Cybersicherheit in Kritischen Infrastrukturen. Datenschutz und
    Datensicherheit (DuD).
10. Pfeiffer, S. (1/2019). Security-Management-as-a-Service. Datenschutz und Datensicherheit
    (DuD).
11. Hackenjos, T. (5/2018). IT-Sicherheit- einrechtsfreier Raum. Datenschutz und
    Datensicherheit (DuD).
12. Beyerer, J. (5/2018). Karlsruher Thesen zur Digitalen Souveränität Europas. Datenschutz
    und Datensicherheit.
13. Raabe, O. (11/2018). Systematisierung des IT-Sicherheitsrechts. Computer und Recht.
14. Dännert, S. (2018). IT-Sicherheit in Kritischen Infrastrukturen- eine Fallstudie-basierte
    Analyse von Praxisbeispielen. 85577 Neubiberg: Universität der Bundeswehr, Fakultät für
    Informatik.




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