Digital Identity: an emergent legal concept
This is the first full-length study of digital identity in a transactional context, from a legal perspective. Clare Sullivan's analysis reveals the emergence of a distinct, new legal concept of identity. This concept is particularly clear under a national identity scheme such as the United Kingdom a...
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| Format: | Online |
| Jezik: | angleščina |
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University of Adelaide Press
2021
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| Online dostop: | 560114 |
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| _version_ | 1869516575026970624 |
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| author | Sullivan, Clare |
| author_browse | Sullivan, Clare |
| author_facet | Sullivan, Clare |
| author_sort | Sullivan, Clare |
| collection | Directory of Open Access Books |
| description | This is the first full-length study of digital identity in a transactional context, from a legal perspective. Clare Sullivan's analysis reveals the emergence of a distinct, new legal concept of identity. This concept is particularly clear under a national identity scheme such as the United Kingdom and Indian schemes. However, its emergence is evident even in jurisdictions, like Australia, which do not have a formal national identity scheme. Much of the analysis can also be extrapolated to proprietary schemes such as those run by banks and other businesses.
An individual’s digital identity which is used for transactional purposes has crucial functions which give it legal personality. The author argues that an individual’s digital identity also has the characteristics of property which can, and should, be legally protected. Identity theft is defined using the emergent concept and the study shows that digital identity is property which capable of actually being stolen and criminally damaged.
The study examines the emergence of attendant legal rights and duties including a new right to digital identity and its legal protection. Dr Sullivan argues that an individual has the right to an accurate, functional digital identity and shows that this right exists in addition to the right to privacy.
Dr Sullivan maintains that, considering the essentially public nature of identity, the right to identity provides better, and more appropriate, protection than is afforded by the right to privacy. She asserts that the importance of the right to identity in this context has been obscured by the focus on privacy in international legal scholarship and jurisprudence.
The functions and legal nature of digital identity are analysed using real examples which highlight the implications for individuals, businesses and government. The findings have the potential to fundamentally change the way digital identity is legally and commercially regarded. |
| format | Online |
| id | doab-20.500.12854ir-39286 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | University of Adelaide Press |
| publisherStr | University of Adelaide Press |
| record_format | ojs |
| spelling | doab-20.500.12854ir-392862025-02-13T03:07:23Z Digital Identity: an emergent legal concept Sullivan, Clare computer security business enterprises identification cards security measures computer networks Aadhaar Biometrics Data Protection Act 1998 Database Digital identity United Kingdom thema EDItEUR::L Law This is the first full-length study of digital identity in a transactional context, from a legal perspective. Clare Sullivan's analysis reveals the emergence of a distinct, new legal concept of identity. This concept is particularly clear under a national identity scheme such as the United Kingdom and Indian schemes. However, its emergence is evident even in jurisdictions, like Australia, which do not have a formal national identity scheme. Much of the analysis can also be extrapolated to proprietary schemes such as those run by banks and other businesses. An individual’s digital identity which is used for transactional purposes has crucial functions which give it legal personality. The author argues that an individual’s digital identity also has the characteristics of property which can, and should, be legally protected. Identity theft is defined using the emergent concept and the study shows that digital identity is property which capable of actually being stolen and criminally damaged. The study examines the emergence of attendant legal rights and duties including a new right to digital identity and its legal protection. Dr Sullivan argues that an individual has the right to an accurate, functional digital identity and shows that this right exists in addition to the right to privacy. Dr Sullivan maintains that, considering the essentially public nature of identity, the right to identity provides better, and more appropriate, protection than is afforded by the right to privacy. She asserts that the importance of the right to identity in this context has been obscured by the focus on privacy in international legal scholarship and jurisprudence. The functions and legal nature of digital identity are analysed using real examples which highlight the implications for individuals, businesses and government. The findings have the potential to fundamentally change the way digital identity is legally and commercially regarded. 2021-02-10T12:58:18Z 2015-12-31 23:55:55 2018-06-27 14:41:01 2020-04-01T14:35:24Z 2011 book 560114 OCN: 1030816505 http://library.oapen.org/handle/20.500.12657/33171 9780980723007 https://directory.doabooks.org/handle/20.500.12854/39286 eng open access image/jpeg image/jpeg image/jpeg image/jpeg image/jpeg n/a n/a n/a n/a n/a https://library.oapen.org/bitstream/20.500.12657/33171/1/560114.pdf https://library.oapen.org/bitstream/20.500.12657/33171/1/560114.pdf https://library.oapen.org/bitstream/20.500.12657/33171/1/560114.pdf https://library.oapen.org/bitstream/20.500.12657/33171/1/560114.pdf https://library.oapen.org/bitstream/20.500.12657/33171/1/560114.pdf University of Adelaide Press 10.1017/UPO9780980723007 10.1017/UPO9780980723007 b117e61d-8fca-494f-b82a-41c4e1dc0a46 9780980723007 178 open access |
| spellingShingle | computer security business enterprises identification cards security measures computer networks Aadhaar Biometrics Data Protection Act 1998 Database Digital identity United Kingdom thema EDItEUR::L Law Sullivan, Clare Digital Identity: an emergent legal concept |
| title | Digital Identity: an emergent legal concept |
| title_full | Digital Identity: an emergent legal concept |
| title_fullStr | Digital Identity: an emergent legal concept |
| title_full_unstemmed | Digital Identity: an emergent legal concept |
| title_short | Digital Identity: an emergent legal concept |
| title_sort | digital identity an emergent legal concept |
| topic | computer security business enterprises identification cards security measures computer networks Aadhaar Biometrics Data Protection Act 1998 Database Digital identity United Kingdom thema EDItEUR::L Law |
| topic_facet | computer security business enterprises identification cards security measures computer networks Aadhaar Biometrics Data Protection Act 1998 Database Digital identity United Kingdom thema EDItEUR::L Law |
| url | 560114 |
| work_keys_str_mv | AT sullivanclare digitalidentityanemergentlegalconcept |