SLR16 - Computer related legislations

The Data Protection Act (1998 & 2018)

• Regulates how personal data is stored

• And used by companies & UK gov

Data Protection Act roles

• Data subject: Has data stored somewhere outside of direct contact

• Data controller: Determines what data an organisation can collects & how collected, processed, stored

• Data commissioner: Has power to enforce Data Protection Act - independent public body that reports directly to parliament and appointed by crown

Two categories of data

• Personal data e.g. Name, address, banking details, DOB

• Sensitive data e.g. Nationality, Ethnicity, Political beliefs - subject to additional protection

8 main principles of DPA

• Only handle for specific reason

• collect and use fairly and inside law

• Data kept accurate

• Stores only relevant data

• Only use for purpose stated

• kept safe

• Not kept longer that necessary

• Not transferred out EEA

Rights outlined by DPA

• Right of subject access

• Right to prevent distress

• Right to prevent automatic decisions

• Right to compensation

• Right of convection

• Right to prevent direct marketing

• Right to complain to Information Commissioner

What did the General Data Protection Regulation add

• Can only collect for specified reason

• Explicit legitimate reason

• Not kept longer than needed

What does the Computer Misuse Act make illegal

• Regulates unauthorised access

• Unauthorised access to computer system e.g. hacking

• Unauthorised access to digital materials with intent to commit further crimes e.g. malware

• Unauthorised modification of data

Copyright

legal term used to describe the rights a creator has over won work

Patents

Exclusive right granted for invention, provide owner with the right to decide if or how their invention can be used by others

Copyright and Patents act

Regulates unauthorised access

Regulation of Investigatory Powers act (RIPA)

Regulates how government agencies use IT for surveillance

• Demands that ISPs provide access to customer communication

• Prevents existence of interception archives being revealed in court

• allows mass surveillance of communications

• Allow monitor individuals internet activities

• Demand access be granted to protected information

• Demand ISP equipment that facilitates surveillance

Under terms oof RIPA, ISPs must…

• Provide access to digital communications, digital communication archives and internet activities when asked

• Implement hardware & software systems that facilitate surveillance of digital communications

(ISP - Internet service provider)

Under terms oof RIPA, ISPs must…

• Provide access to digital communications or data when asked

• Implement hardware & software solutions that facilitates storage of digital communications

Concerns with RIPA

• Freedom of speech

• Unnecessary censorship

• Invasion of privacy

• Improper use of RIPA

Discuss whether technology is changing too quickly for the law to keep up