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Digital identity, an emergent legal concept: the role and legal nature of digital identity in commercial transactions

Digital identity, an emergent legal concept: the role and legal nature of digital identity in commercial transactions

Sullivan, Clare

This is the first full-length study that recognises and discusses digital identity in a transactional context under a national identity scheme. It contrasts the right to identity to the right to privacy in the context of a national identity scheme, and defines identity theft and its consequences. The analysis and findings are relevant to the one proposed for the United Kingdom, to other countries which have similar schemes, and to countries like Australia who have the long term goal of establishing one. Under a national identity scheme, being asked to provide 'ID' will become as commonplace as being asked one's name, and the concept of identity will become embedded in processes essential to the national economic and social order. The analysis reveals the emergence of a new legal concept of identity. This emergent concept and the associated individual rights, including the right to identity, potentially change the legal and commercial landscape

eBook, Paperback, Electronic resource, Book. English. Electronic books.
Published Adelaide : University of Adelaide Press 2011

This resource is available electronically from the following locations


Statement of responsibility: by Clare Sullivan
ISBN: 0980723000, 9780980723007, 9780980723014
Note: Title from PDF title page.
Note: Includes bibliographical references (pages 145-156) and index.
Physical Description: 1 online resource (xii, 162 pages) : illustrations
Subject: Great Britain.; Australia.; Computer networks Security measures.; Computer security Law and legislation Australia.; Computer security Law and legislation Great Britain.; Identification cards.; LAW / Computer & Internet; Computer security Law and legislation.; Business enterprises Computer networks Security measures.
Local note: JSTOR Books at JSTOR Open Access


  1. 1.
  2. Digital identity -- introduction
  3. Genesis of this book
  4. The importance of identity
  5. Approach of this book
  6. Structure of this book and chapter synopsis
  7. 2.

    1. Digital identity -- a new legal concept
    2. Central argument
    3. Registered digital identity in the United Kingdom
    4. The relationship between transaction identity and database identity in the United Kingdom
    5. Distinguishing Solove's 'digital person'
    6. Digital identity in Australia
  8. 3.

    1. Digital identity -- the nature of the concept
    2. Registered digital identity
    3. The role and nature of transaction identity
    4. Is transaction identity the legal person?
    5. Transaction identity is the legal person
  9. 4.

    1. Digital identity -- inherent vulnerabilities
    2. The fallibilities of the identifying information
  10. 5.

    1. Digital identity -- consequential individual rights
    2. Identity distinguished from privacy
    3. The right to identity under the scheme
    4. An express right to identity
    5. Right to identity under European human rights law
    6. The protection provided by the right to privacy
  11. 6.

    1. Digital identity -- protection
    2. The wrong and the harm caused by misuse of transaction identity
    3. Identity theft distinguished from identity fraud
    4. Is identity theft really theft?
    5. Identity theft is theft
    6. Criminal damage
  12. 7.

    1. Digital identity -- conclusion
    2. A new concept of identity and a new perspective
    3. 'Tomorrow is nearer than you think'
  13. 8.

    1. Bibliography
    2. Articles/books/reports
    3. Case law
    4. Legislation and bills
    5. Treaties
    6. Other sources
  14. 9.

    1. Index.