1. 5. 1 Computing Related Legislation

Question 1

The Data Protection Act 1998

Answer 1

• Law applies to info stored on computers and organised paper filing systems
• Covers personal data (any data that can be used to identify a living person)
• Examples of personal data include names and addresses
• Individual who can be identified using personal data, referred to as data subject
• Law protects them in eight specific ways
• Also gives data subjects rights
• Original replaced with General Data Protection Regulation (GDPR) and Data Protection Act 2018

Question 2

Ways the law protects data subject (Not necessary, good to know)

Answer 2

• Personal data shall be processed fairly and lawfully
• Obtained only for specified and lawful purpose
• Shall be adequate, relevant, and not excessive for its purpose
• Accurate, where necessary kept up to date
• Kept for no longer than necessary for its purpose
• Processed in accordance with rights of data subjects under this act
• Appropriate measures taken against unauthorised of unlawful processing of personal data
• Appropriate measures against accidental loss or destruction or damage to personal data
• Not transferred to country or territory outside European Economic Area, (exception when country ensures adequate level of data protection)

Question 3

Rights data subject possesses (Not necessary, good to know)

Answer 3

• Right to request copy of data held about them
• Right to correct data held about them
• Right to prevent marketing using contact details of data subject

Question 4

The Computer Misuse Act 1990

Answer 4

• Concerns the malicious use of computers
• Created originally to ensure hacking covered by law, frequently updated since to ensure it remains relevant
• Covers three primary offences
• Unauthorised access to computer materials
• Example- Find teachers password, open their files
• Unauthorised access with intent to commit further offences
• Example- Find teachers password, open their files, have intent to change your mark
• Unauthorised modification of computer material
• Example- Find teachers password, open their files, change your mark
• Consequence’s 2nd and 3rd worse than 1st, each offence can be punishable with imprisonment

Question 5

The Copyright, Design and Patents Act 1988

Answer 5

• Act protects people’s property online
• If work is original, copyright automatically applies
• Does not expire till 25-70 years after death of creator (depending on type of work)
• 1992, Act extended to include computer programs, copyright automatically applied to code
• Responsibility of individual whose work is believed to be copied to take action under the Act

Question 6

The Regulation of Investigatory Powers Act 2000

Answer 6

• Covers investigation, surveillance, and interception of communication by public bodies
• For example, Secret Service could wire trap online conversations in the interests of national security if warrant issued
• Enforces ISPs and mobile phone companies to give up info upon request from authorised authority
• Makes them ensure that their networks have sufficient hardware installed to facilitate surveillance
• Acts powers extend to small agencies such as the local council
• Some believe it is an invasion of privacy, or often improperly used