The regulatory world and the machine: Harmonizing legal requirements and the systems they affect

Abstract

The past decade has seen a substantial increase in the issuance of privacy and security regulations governing personal information. Ensuring system and organizational compliance is both more important and more difficult than ever before, as the penalties have become more severe, and regulations more complex and nuanced. This also presents substantial difficulties for multi-national companies, as different states, countries, or regions do not adhere to a uniform standard, resulting in a mixed set of regulations for the systems they govern. In this work, I describe a framework to address this issue, referred to as requirements water marking, wherein requirements from different jurisdictions that govern the same system may be evaluated and reduced to a single standard of care, establishing a "high water mark" for regulatory compliance and reducing requirements complexity. The framework, which draws on work in requirements specification languages and requirements comparison, allows engineers and legal experts to systematically simplify compliance and determine both high and low standards of care, while maintaining traceability back to the original legal text. In addition, I investigate the proposed value of legal requirements models, demonstrating the relationship between proposed value of these models to organizational decision-making and the validity of the model.

Evaluating Legal Implementation Readiness Decision-Making

“…Gordon and Breaux developed an approach in which they adopt a single standard for software systems that meets the minimum or maximum requirements of a collection of laws and regulations in multiple jurisdictions [20], [21]. Their framework also highlights potential conflicts and important trade-offs resulting from multiple laws and regulations.…”