Legislation and legal issues

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What are the principles of the Data Protection Act 1998?

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

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1

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.

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2

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.

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3

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

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4

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

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5

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

Computer Misuse Act 1990

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6

Which piece of legislation covers stealing digital work and ideas?

Copyright Design and Patents Act 1988

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7

Which piece of legislation covers the protection of data privacy?

Data Protection Act 1998 and the General Data Protection Regulation 2018

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8

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

Regulation of Investigatory Powers Act 2000

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9

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

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10

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

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11

What is intellectual property?

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

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