Data communications security: Legislating and contracting for legal security

Walden, I.N., 1992. Data communications security: Legislating and contracting for legal security. PhD, Nottingham Trent University.

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The integration of computer and telecommunication technologies, 'telematics', has enabled organisations to communicate electronically. The benefits of such data communications can significantly facilitate trade, particularly within the global economy. However, the widespread and successful adoption of such communication systems depends on users having confidence in their secure operation. The three components of such security are confidentiality, integrity and availability. Although attention is increasingly being paid to the technical aspects of data security, the thesis addresses the critical complementary legal aspects of achieving security in data communications. The legal security issues impose obligations, as well as protection, for companies communicating electronically. The thesis discusses the role and impact of legislation as a means for controlling the use of telematics. Current commercial legislation can restrict the use of telematics, or fail to extend existing protection, due to the paper-based assumptions upon which past legislation was drafted. The impact of recent legislative initiatives, addressing the security issues for data communications, are discussed in the context of the conflicting interests involved. Currently, legislative sources of data security regulation are not significant. The thesis argues that companies need to focus on their contractual agreements as the primary, or as an alternative, forum within which to construct a legally secure framework. The thesis considers two primary contractual relationships that concern a data communications user: the rules and procedures for exchanging data with trading partners, and the agreement with a supplier of the communications network. The thesis concludes that to facilitate telematic security, requires critical consideration to be given to the legal aspects of confidentiality, integrity and availability.

Item Type: Thesis
Creators: Walden, I.N.
Date: 1992
ISBN: 9781369323894
Divisions: Schools > Nottingham Law School
Record created by: Linda Sullivan
Date Added: 10 Nov 2020 14:57
Last Modified: 04 Oct 2023 13:30

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