The goals and objectives that a security organization must focus on in business and government operations are very similar, the main difference being the scope of what must be focused on. Businesses can have a far narrower range of goals and objectives, because they do not have to deal with issues of national security. A government run security organization deals with all the same issues as a business run organization, plus the multitude of other international security issues that have overtaken us as technology continues to develop.
The main goal of any security organization is to protect assets, whether they be property, people, or intellectual property. Each organization has different goals, and a security organization must be able to tailor its goals and objectives to coincide with that of the organization that it is protecting. The legal aspects of organizational security management are not always easy to define. Because organizational security deals with a myriad of criminal, civil and administrative laws, there are many unique situations encountered that must be dealt with legally. Different types of laws have different legalities.
These include tort laws, contract law, administrative law, property law, employment law, criminal law, laws of arrest and evidence law. Tort laws deal with civil rather than criminal cases, and can be intentional or unintentional. An example of an intentional tort would be defamation. An example of a unintentional tort is negligence, or improper performance. Contract laws deal with contracts between entities, and consist of four distinct parts, an agreement, a consideration, legal subject matter and contractual capacity of all parties involved. Contractual capacity is an entities legal ability to enter into a contract.
Administrative law is a branch of public law that regulates the duties and responsibilities of entities, and is created by administrative agencies. Property law protects the rights of legal possession, use and ownership. Property can be tangible or intangible, and it can be real, or personal. Tangible property is anything that can be touched or held. Intangible property includes stick certificates, intellectual property, patents and copyrights. Personal property is almost anything that can be possessed, aside from land or anything on or attached to the land. Land, and anything attached to it is real property, as in real estate.
Once something is removed from the property, i. e. minerals or buildings, they are no longer real property, and become personal property. Employment laws were originally put into place to prevent efforts by workers to obtain better working conditions through unionization, strikes and picketing. It was later reformed to support nonviolent efforts of the same type. The National Labor Relationships Board is in charge of monitoring and administering regulations dealing with employee rights. Criminal law deals with crime. The definition of crime is relative to where an act is committed.
Different types of crime include preliminary crimes, which are actions committed in the attempt of a overall crime, crimes against property, in which the victim is unaware that a crime is in process, crimes against persons, in which the victim has knowledge of the crime, or is threatened with immediate harm, obstruction of justice, which are crimes designed to obstruct the judicial system, crimes against children, sex crimes, controlled substance crimes, liquor law violations, DUI, weapons violations, and crimes against the public peace, which is any crime that disturbs public peace.
Laws of arrest are laws that define a law enforcement officers legal ability to arrest criminals, and a private persons ability to perform a citizens arrest. Evidence law includes testimony, writings, and material evidence used to make decisions in a judicial setting. There are many positive and negative influences regarding organizational security. Good management, an adequate budget, and sufficient training can all affect an organization positively. Conversely, any of these that are overlooked can affect the organization negatively.
Failing to achieve organizational security goals and objectives could result in the parent organization taking losses on a physical and intellectual basis. Companies that specialize in new, groundbreaking technologies are often subject to what is referred to as reverse engineering. If a security organization contracted by these companies fails to protect assets, another company can take the technology they have been trying to keep secret, and reverse engineer it to come up ith their own product that does not violate copyright or patent laws, thereby causing the original company loss of potential markets. Private security allows organizations that cannot, or do not wish to, support their own internal security, to contract to a security organization that is already in possession of the needed technology and personnel, without an initial investment that many companies would find it difficult to finance as they are growing their business.