What are the legal requirements for ensuring information security relating to business organizations? How can these legal requirements for ensuring information security be met in typical modern companies?
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For data or information to be useful, at the minimum, the key principles of confidentiality, integrity and availability of data upon which the concept
of information security is built must be met and this inevitably is in tandem with the legal requirements for any jurisdiction.
[1] Legal requirements for most jurisdictions usually have the internal looking requirements[2] which provide for steps that an organization is
required to comply with and the outward requirements which are punitive measures in cases of breach or noncompliance.[3]
Internationally there is no uniform standard or approach for ensuring information security and different jurisdictions have adopted different approaches.
[4] As private data has become increasing vulnerable to exposure, the focus in most jurisdictions is to ensure that the privacy of individuals during transactions is protected[5].
Smedinghoff has summarized the legal requirements generally as the duty to provide security, the legal standard upon which that duty or obligation is based and the duty of notification in case of breach………………………..
A company must be able to continually determine what the risks in its environment are, both within and outside the organization, and take steps to ensure that it keeps ahead of them[17].
It has been acknowledged that the best approach to information security is to focus on the preventive measures which are within the control
of the company, rather than the punitive measures which may be hard to implement since most of the cyber criminals tend to be outside the company’s jurisdiction or faceless
or difficult to identify[18]. The crux of the matter is that consumer confidence in electronic transactions is based on reliability and safety of the data processes[19]…………………………
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