With legal organizational information and. Data protection using cryptographic methods. Encryption algorithms. Of these in interactive form

Information security of individuals and society: tutorial Petrov Sergey Viktorovich

Chapter 4 LEGAL AND ORGANIZATIONAL SUPPORT OF INFORMATION SECURITY

LEGAL AND ORGANIZATIONAL SUPPORT OF INFORMATION SECURITY

Implementation of guarantees of constitutional rights and freedoms of man and citizen relating to activities in information sphere, is the most important task of the state in the field information security.

Information Security Doctrine Russian Federation

4.1. The Constitution of the Russian Federation and the Doctrine of Information Security of the Russian Federation on the legal support of the information sphere

The problem of legal regulation of relations in the field of information security is one of the most important for Russia. Preservation, enhancement and protection largely depend on its solution. information resources, the establishment of international authority and the reduction of criminal tension in the country, the protection of human rights, freedoms and security in the system of information relations.

Constitutional norms on the protection of the information sphere

One of the most important tasks of state policy to ensure information security of citizens is the implementation constitutional norms in the field of information. The Constitution of the Russian Federation provides for the right of every citizen to freely seek, receive, transmit, produce and disseminate information by any in a legal way(Article 29, paragraph 4). The Constitution guarantees freedom mass media and prohibits its censorship (Article 29, paragraph 5).

It also gives every citizen the right to privacy and the preservation of personal and family secrets (Article 23, paragraph 1). The collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed (Article 24, paragraph 1). According to the Constitution, everyone is guaranteed freedom of thought and speech (Article 29, paragraph 1), as well as freedom of literary, artistic, scientific, technical and other types of creativity (Article 44, paragraph 1).

The provisions of the Constitution of the Russian Federation directly or indirectly oblige state authorities and local government, relevant officials to ensure that every citizen of the Russian Federation has the opportunity to familiarize himself with documents and materials that directly affect his rights and freedoms, unless otherwise provided by law.

However, the declaration information rights and freedoms does not mean the state’s refusal to protect information resources. Legal support for information security is formed on the basis of maintaining balance of interests of citizens, society, state, which is especially important in the context of the existence of various forms of ownership. Therefore, the Constitution also defines the grounds for restricting the information rights and freedoms of citizens. These include: protecting the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state (Article 17, paragraph 3, Article 55, paragraph 3). The Basic Law also provides for the possibility of restricting rights and freedoms in a state of emergency, indicating the limits and duration of their validity (Article 56).

The relevant articles of the Constitution of the Russian Federation are aimed at suppressing the spread the following types information:

information designed to incite hatred, enmity and violence in relations between people and nations;

obscene and false information, including deliberately false advertising;

information that infringes on the honor and dignity of citizens, which has negative impact on people's health and their spiritual and moral state;

information that changes the memory of the past, falsifies the history of the country, disrupts the connection between generations and undermines the unity of the Russian people;

information that can initiate destructive processes - from man-made and natural disasters to all kinds of social, demographic, economic shocks, crises, and conflicts.

At the same time, as indicated in the Information Security Doctrine of the Russian Federation, the rights of citizens to privacy, personal and family secrets, and the secrecy of correspondence enshrined in the Constitution of the Russian Federation in practical terms do not have sufficient legal, organizational and technical support. The protection of data on individuals (personal data) collected by federal government bodies, government bodies of constituent entities of the Russian Federation, and local government bodies is poorly organized.

As a result, the insecurity of citizens' rights to access information and the manipulation of information cause a negative reaction from the population, which in some cases leads to destabilization of the socio-political situation in society.

Doctrine of information security of the Russian Federation on the status and improvement legal relations in the information sphere

Let us recall (see Chapter 2) that the Doctrine is a document containing an officially adopted system of views in Russia on the problems of ensuring information security, methods and means of protecting the vital interests of the individual, society, and state in the information sphere.

The doctrine indicates the presence of a number of shortcomings associated with inconsistency and underdevelopment legal regulation relations in the information sphere and leading to serious negative consequences in ensuring information security. They are discussed above, in Chap. 2.

According to the Doctrine, improvement of legal mechanisms regulation of social relations arising in the information sphere is a priority direction of state policy in the field of ensuring information security of the Russian Federation.

Work in this direction involves:

assessing the effectiveness of the application of existing legislative and other regulatory legal acts in the information sphere and developing a program for their improvement;

creation of organizational and legal mechanisms to ensure information security;

determining the legal status of all subjects of relations in the information sphere, including users of information and telecommunication systems, and establishing their responsibility for compliance with the legislation of the Russian Federation in this area;

creation of a system for collecting and analyzing data on the sources of threats to the information security of the Russian Federation, as well as the consequences of their implementation;

development of normative legal acts that determine the organization of the investigation and the trial procedure for facts of illegal actions in the information sphere, as well as the procedure for eliminating the consequences of these illegal actions;

development of offenses taking into account the specifics of criminal, civil, administrative, disciplinary liability and inclusion of relevant legal norms in the criminal, civil, administrative and labor codes, in the legislation of the Russian Federation on public service;

improvement of the personnel training system used in the field of ensuring information security of the Russian Federation.

State policy in ensuring information security of the Russian Federation, according to the Doctrine, is based on the following basic principles:

compliance with the Constitution of the Russian Federation, legislation of the Russian Federation, generally recognized principles and norms of international law when carrying out activities to ensure information security (principle of legality);

ensuring legal equality of all participants in the process information interaction regardless of their political, social and economic status, based on the constitutional right of citizens to freely search, receive, transmit, produce and disseminate information in any legal way (the principle of balancing the interests of citizens, society and the state).

Principle of legality requires federal government bodies and government bodies of constituent entities of the Russian Federation, when resolving conflicts arising in the information sphere, to strictly be guided by legislative and other regulatory legal acts regulating relations in this area.

The principle of balancing the interests of citizens, society and the state in the information sphere involves legislative consolidation of the priority of these interests in various areas life of society, as well as the use of forms of public control over the activities of federal government bodies and government bodies of constituent entities of the Russian Federation. The implementation of guarantees of constitutional rights and freedoms of man and citizen relating to activities in the information sphere is the most important task of the state in the field of information security.

TO legal methods ensuring information security The Doctrine includes the development and steady implementation of the requirements of regulatory legal acts regulating relations in the information sphere, and regulatory methodological documents on issues of ensuring information security of the Russian Federation.

The most important areas of activity to improve the system of legal support for information security, the Doctrine names:

introducing amendments and additions to the legislation of the Russian Federation regulating relations in the field of information security, specifying legal norms establishing liability for offenses in the field of information security of the Russian Federation;

legislative delimitation of powers in the field of ensuring information security, determination of goals, objectives and mechanisms for the participation of public associations, organizations and citizens in this activity;

improvement of legal acts establishing the responsibility of legal entities and individuals for unauthorized access to information, its illegal copying, distortion and illegal use, deliberate dissemination of false information, illegal disclosure confidential information, use in criminal and for selfish purposes proprietary information or information containing trade secrets;

clarification of the status of foreign news agencies, media and journalists, as well as investors when attracting foreign investment for development information infrastructure Russia;

Rice. 4.1. Legal support of information security

legislative consolidation of development priority national networks communications and domestic production of space communications satellites;

determination of the status of organizations providing services of global information and telecommunication networks on the territory of the Russian Federation, and legal regulation of the activities of these organizations;

creation of a legal framework for the formation in the Russian Federation regional structures ensuring information security;

development legal support mechanisms information security of Russia.

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Organizational and legal support information security, Polyakova T.A., Streltsov A.A., 2016.

Information security in the information society. Ensuring information security.
The concept of “information security” has become widespread in both international and national political documents and legal regulations.
For the first time, the concept of “information security” appeared in national legislation and political documents in Art. 2 of the Law of the Russian Federation dated 03/05/1992 No. 2446-1 “On Security”, where “information security” was highlighted as one of the components of the security of the Russian Federation. At the same time, the concept of “national security of the Russian Federation” was introduced, which meant “the security of its multinational people as the bearer of sovereignty and the only source of power in the Russian Federation.” For the first time in Russia it was defined in 1997 in the Concept of National Security of the Russian Federation. In the new edition Federal Law dated December 28, 2010 No. 390-FZ “On Security”, the terms “security” and “national security” are used as synonyms.

In the draft concept of information security of the Russian Federation (1997), Russia’s national interests in the information sphere covered three main aspects:
- observance of constitutional rights and freedoms of citizens;
- development of modern telecommunication technologies;
- protection of state information resources from unauthorized access.
Separately, national interests in the spiritual sphere were highlighted, which included the preservation and strengthening of the moral values ​​of society, the traditions of patriotism and humanism, the cultural and scientific potential of the country. These interpretations of the concept of “national security” and the content of national interests in the information sphere were developed in the Doctrine of Information Security. In this document, the concept of “information security of the Russian Federation” was disclosed as “the state of protection of national interests in the information sphere, determined by the totality of balanced interests of the individual, society and state.”

Table of contents
Authors' team
Preface
Accepted abbreviations
Chapter 1. Ensuring information security in the context of globalization of the information space
1.1. Information security in the information society
1.2. Modern information warfare and ensuring information security

Self-study assignments
Chapter 2. Theoretical and methodological issues of organizational and legal support of information security
2.1. Information security in the national security system of the Russian Federation
2.2. basic principles ensuring information security
2.3. Legal regulation of information security in the system of Russian information law
2.4. Legal means ensuring the security of the information infrastructure of the Russian Federation
2.5. Legal means of ensuring information security
2.6. Organizational support for information security of the Russian Federation
Questions and tasks for self-control
Self-study assignments
Chapter 3. Organizational and legal problems of international information security
3.1. International legal acts in the field of information security
3.2. Foreign experience in legal support of information security
3.3. Promotion Russian initiatives in the field of ensuring international information security
Questions and tasks for self-control
Self-study assignments
Chapter 4. Legal regimes for ensuring the security of restricted information
4.1. Restricting access to information in order to protect the interests of the individual, society and the state
4.2. Legal regimes of secrets in the system of organizational and legal security of restricted access information
4.3. Legal regime for the protection of state secrets
4.4. Legal regime of trade secrets
4.5. Legal regime for ensuring the security of personal data
4.6. Current issues official secret regime
Questions and tasks for self-control
Self-study assignments
Chapter 5. Actual problems legal and organizational support for information security
5.1. Countering extremist activities in the information sphere
5.2. Protecting children from information harmful to their health and development
5.3. Legal problems of ensuring information security on the Internet
Questions and tasks for self-control
Self-study assignments
Chapter 6. Features of organizational and legal support for the protection of information systems
6.1. Features of organizational and legal support for creation processes automated systems in a protected version
6.2. Features of organizational and legal support for the protection of information systems in the field of legal proceedings
6.3. Practice of development and implementation of information security policy for corporate information systems
Questions and tasks for self-control
Self-study assignments
Chapter 7. Legal liability for offenses in the information sphere
7.1. The concept and types of legal liability in the field of information security. Subjects and objects of legal relations in the field of information security
7.2. Crime in the information sphere as a threat to information security during the formation information society and conditions of globalization
7.3. Problems of criminal liability for information crimes
7.4. Problems of international cooperation and Foreign experience combating crimes in the information sphere
Questions and tasks for self-control
Self-study assignments
Recommended reading.

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The textbook outlines general theoretical and methodological approaches to the formation of legal and organizational support for information security of individuals, society and the state. The main institutions of legal support for information security are covered in detail: legal regimes for the protection of information, state, official and commercial secrets, personal data, legal liability for offenses in the field of information security, as well as the structure of organizational support for information security. The problems of forming a legal regime for international information security are considered. Considerable attention is paid to the organizational aspects of information systems security management. The task of the present training course acquisition by students as general knowledge in the field of legal and organizational support for information security, as well as the study of issues related to the formation and implementation of public policy in this area, as well as the acquisition by masters of more in-depth knowledge in the field of information security, problems of international information security.

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    : if you have a Yandex wallet or Qiwi Wallet, you can pay for your order through them. To do this, select the appropriate payment method and fill out the fields provided, then the system will redirect you to a page to confirm the invoice. Federal Law of July 27, 2006 N 152-FZ (as amended on April 5, 2013) On personal data personal data - any information relating to directly or indirectly determined or determined

    to an individual

    (to the subject of personal data); Personal data operator (according to the law on personal data) is a state body, municipal body, legal entity or individual that organizes and (or) carries out the processing of personal data, as well as determining the purposes and content of the processing of personal data. Personal data information system - an information system that is a collection of personal data contained in a database, as well as

    information technologies

    When processing personal data, the operator is obliged to take the necessary legal, organizational and technical measures or ensure their adoption to protect personal data from unauthorized or accidental access to it, destruction, modification, blocking, copying, provision, distribution of personal data, as well as from other unlawful actions regarding personal data.

    Ensuring the security of personal data is achieved, in particular:

    1) identification of threats to the security of personal data during their processing in personal data information systems;

    2) the application of organizational and technical measures to ensure the security of personal data during their processing in personal data information systems necessary to fulfill the requirements for the protection of personal data, the implementation of which ensures the levels of personal data security established by the Government of the Russian Federation;

    3) the use of information security means that have passed the compliance assessment procedure in accordance with the established procedure;

    4) assessing the effectiveness of measures taken to ensure the security of personal data before putting into operation the personal data information system;

    5) taking into account computer storage media of personal data;

    6) detecting facts of unauthorized access to personal data and taking measures;

    7) restoration of personal data modified or destroyed due to unauthorized access to it;

    8) establishing rules for access to personal data processed in the personal data information system, as well as ensuring registration and accounting of all actions performed with personal data in the personal data information system;

    9) control over the measures taken to ensure the security of personal data and the level of security of personal data information systems.

    For the purposes of this article

    threats to the security of personal data are understood as a set of conditions and factors that create the danger of unauthorized, including accidental, access to personal data, which may result in the destruction, modification, blocking, copying, provision, distribution of personal data, as well as other unlawful actions in their processing of personal data in the information system.

    The level of security of personal data is understood as a complex indicator characterizing requirements, the implementation of which ensures the neutralization of certain threats to the security of personal data during their processing in information systems personal data.

    Package of documents on the protection of personal data

    Regulations on the protection of personal data;

    Regulations on the information protection unit;

    Order on the appointment of persons responsible for processing personal data;

    Information security concept;

    Information security policy;

    List of personal data subject to protection;

    Order to conduct an internal audit;

    Report on the results of the internal audit;

    Act of classification of personal data information system;

    Regulations on the delimitation of access rights to processed personal data;

    Personal data security threat model;

    Action plan for the protection of personal data;

    Reservation procedure technical means and software, databases and information security tools;

    Internal audit plan;

    Logbook of PD security control activities;

    A log of requests from personal data subjects regarding the fulfillment of their legal rights;

    Instructions for the administrator of the personal data information system;

    Instructions for the user of the personal data information system;

    Instructions for the security administrator of the personal data information system;

    User instructions for ensuring the security of personal data processing in the event of emergency situations;

    List of accounting for information security tools used, operational and technical documentation for them;

    Typical Terms of Reference for the development of a system for ensuring the security of information of a computer facility;

    A preliminary design for the creation of a system for ensuring the security of information of a computer facility;

    Regulations on the Electronic Log of requests from users of personal data information systems (draft order);

    Stages of work. Thus, the organization of personal data protection should be carried out in several stages:

    Inventory of information resources.

    Restricting employee access to personal data.

    Documentary regulation of work with personal data.

    Formation of a model of threats to the security of personal data.

    Classification of personal data information systems (PDIS) of educational institutions.

    Drawing up and sending to the authorized body a notification about the processing of personal data.

    Bringing the personal data protection system into compliance with regulatory requirements.

    Creation of an ISPD information security subsystem and its certification (certification) for ISPD classes K1, K2.

    Organization of operation and security control of ISPD.

    1. Inventory of information resources

    Inventory of information resources is the identification of the presence and processing of personal data in all information systems and traditional data warehouses operated in the organization.

    At this stage, you should: approve the regulation on the protection of personal data, formulate a concept and define an information security policy and draw up a list of personal data to be protected.

    2. Restricting employee access to personal data

    Only those employees who need it to perform their official (job) duties should have permission to process personal data.

    At this stage you should: to the extent necessary limit both electronic and physical access to personal data

    3. Documentary regulation of work with personal data

    According to Article 86 of the Labor Code of the Russian Federation, employees and their representatives must be familiarized, against signature, with those employer documents that establish the procedure for processing personal data of employees, as well as their rights and obligations in this area.

    The subject of personal data independently decides the issue of transferring it to someone else, documenting his intention.

    At this stage, you should: collect consent for the processing of personal data, issue an order appointing persons responsible for processing personal data and regulations on delimiting access rights to processed personal data, draw up instructions for the ISPD administrator, ISPD user and ISPD security administrator.

    4. Formation of a model of threats to the security of personal data

    A private model of threats to the security of personal data stored in the information system is formed on the basis of the following documents approved by the Federal Service for Technical and Export Control (FSTEC):

    Basic model of threats to the security of personal data when processed in ISPD;

    Methodology for identifying current threats to the security of personal data during their processing in ISPD;

    At this stage, it is necessary to form a model of threats to the security of personal data processed and stored in an educational institution.

    5. Classification of ISPD, see question No. 18

    6. Leaving and sending notification to the authorized body

    A notification about the processing of personal data is drawn up on the operator’s letterhead and sent to the territorial body of Roskomnadzor of the Ministry of Communications and Mass Communications of the Russian Federation on paper or in the form of an electronic document signed by an authorized person. The form indicates data about the processor, the purpose of processing, categories of data, categories of subjects, whose data is being processed, the legal basis for processing, the date of its start, the term (condition) for its termination, etc.

    7. Bringing the system into compliance with regulatory requirements

    At this stage, you should: create a list of accounting for information security tools used, operational and technical documentation for them; regulations on the information protection unit; methodological recommendations for organizing information security when processing personal data; user instructions for ensuring the security of PD processing in the event of emergency situations, as well as approve an action plan for PD protection.

    8 . Certification (certification) ISPDn

    To ensure the security of ISPD, it is necessary to take measures to organize and provide technical support for the protection of processed personal data. Mandatory certification (attestation) is used to assess the compliance of class 1 and 2 ISPD with the requirements for PD security.

    The following informatization objects are subject to mandatory certification:

    Automated systems various levels and appointments.

    Communication systems, reception, processing and transmission of data.

    Display and reproduction systems.

    Premises intended for confidential negotiations.

    9. Organization of ISPD operation and security control

    Measures to ensure the security of personal data during their processing in information systems include:

    control over compliance with the conditions for the use of information security tools provided for in the operational and technical documentation;

    investigation and drawing up conclusions on facts of non-compliance with the storage conditions of PD media, the use of information security tools that may lead to a violation of PD confidentiality.

    Responsibility for violation of Federal Law No. 152 On personal data

    Administrative liability: fine or fine with confiscation of uncertified security and encryption tools. Administrative Code, art. 13.11, 13.12, 13.14

    Disciplinary liability: dismissal of the offending employee. Labor Code of the Russian Federation, Art. 81 and 90

    Criminal liability: from correctional labor and deprivation of the right to hold certain positions to arrest. Criminal Code, Art. 137, 140, 272

    Basic information on the content of the concepts “information security”, “ensuring information security”, “legal support of information security” and “organizational support of information security” is presented. The main approaches of the authors to structuring the problems of organizational and legal support of information security are outlined. A description of the legal mechanisms for regulating groups of social relations related to countering security threats to the interests of the main subjects of the information sphere is given.
    For students studying the course "Organizational and Legal Support of Information Security", teachers, graduate students, as well as specialists interested in this issue.

    Preface. Introduction
    Part 1. Basic theory
    Chapter 1. Fundamentals of information security
    1.1. The concept of "information sphere"
    1.2. Ensuring information security
    Chapter 2. Legal support of information security
    2.1. Law basics
    2.2. Structure of legal support for information security
    2.3. Content and structure of legislation in the field of information security
    Chapter 3. Organizational support of information security
    3.1. General provisions and principles
    3.2. Organizational basis and main activities
    3.3. Main functions of the Russian Federation information security system
    3.4. Main directions organizational activities systems for ensuring information security of the Russian Federation
    Part 2. Legal support of information security
    Chapter 4. Information, information technologies and information protection
    4.1. General provisions
    4.2. Information
    4.3. Information Technology
    4.4. Data protection
    4.5. Legal liability for offenses in the field of information, information technology and information protection
    Chapter 5. Security of personal data
    5.1. General provisions
    5.2. Personal data and legal purposes
    5.3. Processing of personal data
    5.4. Subject of personal data and his rights
    5.5. Personal data operator and his responsibilities
    5.6. Control and supervision of compliance with legislation on personal data
    5.7. Legal liability for violation of legislation in the field of personal data
    Chapter 6. Results of intellectual activity and legal support for the safety of their use
    6.1. General provisions
    6.2. Intellectual rights
    6.3. Disposal of intellectual rights
    6.4. Legal protection of intellectual rights
    6.5. Law enforcement and supervision in the field of protection of rights to objects intellectual property
    Chapter 7. Copyright and related rights. Legal support for the security of using rights
    7.1. General provisions
    7.2. Copyright
    7.3. Related rights
    7.4. Collective copyright management
    7.5. Legal liability for violation of copyright and related rights
    Chapter 8. Industrial property rights
    8.1. General provisions
    8.2. Patent Law
    8.3. The right to a production secret (know-how)
    8.4. Right to means of individualization legal entities, goods, works, services and enterprises
    8.5. The right to use the results of intellectual activity as part of a unified technology
    Chapter 9. Electronic signature and legal support for the security of correspondence
    9.1. General provisions
    9.2. Types of electronic signatures and principles of their use
    9.3. Conditions for recognizing electronic documents
    9.4. Facilities electronic signature
    9.5. Conditions for the legal use of a simple electronic signature
    9.6. Conditions for the lawful use of an enhanced electronic signature
    9.7. Verification Center
    9.8. Accredited certification center and the procedure for its accreditation
    9.9. Powers of federal executive authorities in the field of using electronic signatures
    Chapter 10. Trade secret and legal regime for ensuring its security
    10.1. General provisions
    10.2. Trade secret regime
    10.3. Legal protection of trade secrets
    Chapter 11. State secrets and their legal protection
    11.1. General provisions
    11.2. Information constituting a state secret
    11.3. Classification of information
    11.4. Declassification of information constituting state secrets
    11.5. Transfer of information constituting state secrets
    11.6. Access to state secrets
    11.7. State secret protection system
    Chapter 12. Ensuring security when using communication networks and the Internet
    12.1. General provisions
    12.2. Communication security activities
    12.3. Responsibilities of the telecom operator
    12.4. Rights of users of communication services
    12.5. State regulation and supervision in the field of communications
    12.6. Responsibility for violation of the legislation of the Russian Federation
    12.7. Ensuring the security of using Internet resources and services
    Chapter 13. Technical regulation and information technology security requirements
    13.1. General provisions
    13.2. Agreement on technical barriers in trade
    13.3. Technical regulations
    13.4. Standards
    13.5. Confirmation of compliance with technical regulations and standards
    13.6. Information on violation of the requirements of technical regulations and standards
    Chapter 14. Judicial protection of human and civil rights and freedoms in the information sphere
    14.1. General provisions
    14.2. Judicial system of the Russian Federation
    14.3. Selecting a court for filing statement of claim(claim)
    14.4. Procedure for preparing and filing a claim
    14.5. Plaintiff and defendant, their rights and obligations
    Chapter 15. Criminal-legal characteristics of crimes in the field computer information
    15.1. General provisions
    15.2. Article 272. Illegal access to computer information
    15.3. Article 273. Creation, use and distribution malware for computer
    15.4. Article 274. Violation of the rules for operating computers, computer systems or their networks
    15.5. Changes and additions to Ch. 28 of the Criminal Code of the Russian Federation
    15.6. New qualifying features
    Part 3. Organizational provision of information security
    Chapter 16. Organizational basis of the state information security system
    16.1. General structure, composition of areas of activity and delimitation of powers of government bodies
    16.2. Organizational basis of the state system of information protection from technical intelligence
    16.3. Organizational basis of the state system technical protection information
    16.4. Purpose, principles and priority areas state policy in the field of technical information security
    Chapter 17. State system licensing. Organization and regulation of activities in the field of protection of confidential information
    Chapter 18. Organization of work to protect confidential information in organizations. General approaches and principles of organizing collective security of the enterprise and risk management systems
    18.1. Organization of work to protect confidential information
    18.2. General approaches to organizing information security at business sites (enterprises, organizations) and concepts