Security Management Civil Action Essay

Security management

1. In a civil action, how can a claim of negligent hiring have a greater chance of succeeding?

Jurisdictions have been increasingly putting laws in place pertaining to what makes organizations a potential target for a lawsuit on negligent hiring. Though in most instances, claims of negligent hiring may be effectively fended off, it proves increasingly tricky in the following cases:

· If the individual harming or injuring another is an employee of the company.

· If the employee is found guilty of harming, injuring or doing any damage to the complainant.

· If the organization was aware of, or ought to have been aware of, the employee’s tendency to inflict harm or injury.

· If the organization was inattentive when hiring the individual and failed to carry out a proper background check which could have identified the individual’s tendency to cause harm to clients or colleagues (McCrie, 57-60).

2. What is the risk to security operations managers if they are personally cited in a civil action involving a claim of negligent security?

Under the due care principle, corporations and their management are duty-bound to offer information security despite their unawareness of these obligations, which stem from that part of American common law dealing with negligence-related problems (that is, the tort law). A company and its managers might find themselves facing a lawsuit in the event they leave information systems excessively insecure or do not take actions for ensuring reasonable security of their corporate information systems, leading to damages if anybody breaks into these systems.

Normally, the organization is accountable for its own operational expenses, which include any expense linked to personnel misconduct or negligence. But in case security operations managers are mentioned personally within the claim, the liability and responsibility will shift to him/her from the organization (Sennewald, 67; McCrie, 60-68). This is grounded in the idea that when a person employed by a company acts independently or from purely personal motives, the company may not be deemed culpable.

3. How have technology and the Internet changed pre-employment screening?

Technology has been making recruit background screening a smarter, quicker, and more convenient process. Information systems integration-related advancements have been allowing easy access to business information from a single source, transforming the systems of background screening which have traditionally been separate feeds. Furthermore, biomedical advancements regarded, at one…