Digital Identity - The University of Adelaide

182 Pages·2010·3.63 MB·English

by  Clare Sullivan

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Digital Identity
by
Clare SullIvan

Digital Identity:
an emergent legal Concept

The role and legal nature of digital identity
in commercial transactions
by
Clare SullIvan
Published in Adelaide by
university of adelaide Press
Barr Smith library
The university of adelaide
South australia
5005
[email protected]
www.adelaide.edu.au/press
The university of adelaide Press publishes externally refereed scholarly books by staff of the
university of adelaide. It aims to maximise the accessibility to its best research by publishing works
through the internet as free downloads and as high quality printed volumes on demand.
Electronic Index: this book is available from the website as a down-loadable PDF with fully
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© Clare Sullivan 2011
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Subject Keywords
Business enterprises -- Computer networks --Security measures
Computer networks -- Security measures
Identification cards
Computer security -- law and legislation -- Great Britain
Computer security -- law and legislation – australia
For the full Cataloguing-in-Publication data please contact national library of australia:
[email protected]
ISBn 978-0-9807230-0-7 (electronic)
ISBn 978-0-9807230-1-4 (paperback)
Book design: Céline lawrence
Cover design: Saba Sankauskas, emma Spoehr
Background image: iStockphoto
Paperback edition printed by Griffin Press, South australia
Contents
Publications and Presentations vii
acknowledgment and Dedication ix
abbreviations/Terms and Definitions xi
Preface 1
1 Digital Identity – Introduction 5
1.1 Genesis of this Book 5
1.2 The Importance of Identity 8
1.3 approach of this Book 10
1.4 Structure of this Book and Chapter Synopsis 13
2 Digital Identity – a new legal Concept 19
2.1 Introduction 19
2.2 Central argument 20
2.3 registered Digital Identity in the united Kingdom 21
2.4 The relationship between Transaction identity and Database Identity
in the united Kingdom 27
2.5 Distinguishing Solove’s ‘Digital Person’ 29
2.6 Digital Identity in australia 32
2.7 Conclusion 38
3 Digital Identity – The nature of the Concept 41
3.1 Introduction 41
3.2 registered Digital Identity 42
3.3 The role and nature of Transaction Identity 43
3.4 Is Transaction Identity the legal Person? 49
3.5 Transaction Identity is the legal Person 51
3.6 Conclusion 55
4 Digital Identity – Inherent vulnerabilities 59
4.1 Introduction 60
4.2 The Fallibilities of the Identifying Information 61
4.2 Conclusion 69
5 Digital Identity – Consequential Individual rights 71
5.1 Introduction 71
5.2 Identity Distinguished from Privacy 75
5.3 The right to Identity under the Scheme 77
5.4 an express right to Identity 79
5.5 right to Identity under european Human rights law 81
5.6 The Protection Provided by the right to Privacy 88
5.6 Conclusion 105
6 Digital Identity – Protection 107
6.1 Introduction 107
6.2 The Wrong and the Harm Caused by Misuse of Transaction identity 110
6.3 Identity Theft Distinguished from Identity Fraud 113
6.4 Is Identity Theft really Theft? 116
6.5 Identity Theft is Theft 120
6.6 Criminal Damage 131
6.7 Conclusion 135
7 Digital Identity – Conclusion 137
7.1 Introduction 137
7.1 a new Concept of Identity and a new Perspective 138
7.3 ‘Tomorrow is nearer than you think’ 142
8 Bibliography 145
articles/Books/reports 145
Case law 150
legislation and Bills 152
Treaties 153
Other Sources 153
9 Index 157