State as Protector

Abstract

AbstractAt its most fundamental level, the idea of the state as protector of the people can be traced back to Cicero’s salus populi suprema lex esto, which translates into ‘let the good of the people be the supreme law’ or ‘the welfare of the people shall be the supreme law.’ John Locke, in the Second Treatise on Government, cites Cicero’s statement when he writes “Salus populi suprema lex is certainly so just and fundamental a rule, that he, who sincerely follows it, cannot dangerously err.” The role of protector, therefore, is often considered to be the fundamental function of government. Such protection can come about through various means. The diversity of means is in part a reflection of the variety of threats that people face in contemporary society. Simultaneously, such diversity is also a manifestation of the multi-faceted nature of the state, even in its function as protector of the people. For financial identity theft, this diversity is apparent, especially since identity theft is a versatile problem which implicates many different segments of the state. Throughout the literature on identity theft, nevertheless, certain aspects consistently return. Several sources discuss the legislative developments in the criminal law arena, whereas others place an emphasis on data protection mechanisms in connection with identity theft. Both of these elements of the state’s effort to protect its people shall therefore receive extensive attention in this chapter. Furthermore, other sources also review the activities of the state as protector through its regulatory initiatives and supervisory organs with regard to business practices in connection to identity theft.KeywordsHuman TraffickingIdentity TheftSecurity BreachData Protection AuthorityGovernment Accountability OfficeThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.