1.5.1 Legislation and legal issues

Covers 1.5. Legislation such as the DPA (+GDPR), Copyrights and Patents act, computer misuse act and the Regulation of Investigatory Powers Act.

What are the principles of the Data Protection Act 1998?

What are the principles of the Data Protection Act 1998?

• Customer has the right to see the data and to ask for it to be corrected if wrong so that they are not responsible for incorrect data 

•  Data must be lawfully collected so that customer rights are not flouted 

•  Data can only be accessed by/changed by authorised people so that malicious alterations are not made  

• Authorised people must be notified to the DPR so that they are accountable  

• Data is only used for the specified purpose so that junk mail is not encouraged 

•  Data collected should not be excessive so that irrelevant data is not stored  

• Data should be accurate and up to date so that customers are not held responsible for goods they have not bought 

• Data should not be kept longer than necessary so that customers can leave an organisation 

• Data should be protected by adequate security measures so that people with malicious intent cannot gain access

• Data should not be transferred out of the EU so that data remains subject to DPA.

What are the principles of the Regulation of Investigatory Powers Act 2000?

• ISPs must (when requested) discretely provide access to a customer’s communications.

• Authorised authorities can carry out mass surveillance of communications

• Make it compulsory that ISPs fit equipment to facilitate surveillance

• Make it compulsory that security over protected information is lifted for the authorities

• Authorises the monitoring of people’s internet activities.

• Keeps any interception methods/activities secret, even in court.

What are the principles of the Computer Misuse Act 1990?

• Unauthorised access to a computer and its material

• Unauthorised access with intent to commit or facilitate a crime

• Unauthorised modification of computer material

• Unauthorised acts that impair or could impair the operation of a computer

• Must not create or supply malware or other equipment that may inhibit the operation of a computer and its system

What are the principles of the Copyright Design and Patents Act 1988

This act gives the creators of media the rights to control how their work is used and distributed

• It is illegal to distribute another person’s piece of work without their knowledge or permission

Which piece of legislation covers the misuse of computers such as hacking?

Computer Misuse Act 1990

Which piece of legislation covers stealing digital work and ideas?

Copyright Design and Patents Act 1988

Which piece of legislation covers the protection of data privacy?

Data Protection Act 1998 and the General Data Protection Regulation 2018

Which piece of legislation outlines how government services and other authorities can monitor online activities?

Regulation of Investigatory Powers Act 2000

What are the differences between the General Data Protection Regulation and the Data Protection Act?

• DPA only applies to organisations operating inside the UK, GDPR applies to all organisations with customers in the EU

• GDPR focuses on the accountability of organisations, they now have to prove they comply with data protection regulations

• Under the GDPR organisations now must audit their data and staff must have training

• GDPR requires users to opt-in for data collection whereas DPA did not previously

• Customers have new rights for example:  right to object to automated decision making, and the right to be forgotten

What types of work does the Copyright Design and Patents Act cover?

• Dramatic works

• Musical works

• Artistic works

• Typographical works

• Sound recordings

• Films

• Intellectual property

What is intellectual property?

Creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce

What is prohibited under the copyright design and patents act?

• copying an original work

• issuing the copy of original work to the public

• renting/lending the copy of original work to the public

• performing, showing or playing the original work in public

• making an adaptation of the original work

• possessing or dealing with a copy if the original work