1.5.1: Computing Related Legislation

Question 1

What does the Data Protection Act 1998 cover?

Answer 1

• Personal data (any data that can be used to identify a living person)
• Applies to information stored on both computers and in organised paper filing systems

Question 2

What is a Data Subject?

Answer 2

• The individual who can be identified by personal data

Question 3

What are the 8 ways in which the law protects Data Subjects?

Answer 3

1. Personal data shall be processed fairly and lawfully
2. Personal data shall be obtained for only one or more specified and lawful purposes
3. Personal data shall be adequate, relevant, and not excessive for its purpose(s)
4. Personal data shall be accurate and, where necessary, kept up to date
5. Personal data shall not be kept for longer than is necessary for its purpose(s)
6. Personal data shall be processed in accordance with the rights of the data subjects under this law
7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data
8. Personal data shall not be transferred to a country or territory outside the European Economic Area, unless that country or territory ensures an adequate level of data protection

Question 4

What else does the DPA 1998 give Data Subjects?

Answer 4

• The right to request a copy of the data held about them
• The right to correct the data held about them
• The right to prevent marketing using contact details provided by the Data Subject

Question 5

What does the Computer Misuse Act 1990 cover?

Answer 5

1. Unauthorised access to computer materials
2. Unauthorised access with intent to commit further offences
3. Unauthorised modification of computer materials

Question 6

What does the Copyright, Designs, and Patents Act 1988 cover?

Answer 6

• People’s property online: From logos to music recordings
• If a work is original, copyright automatically applies and doesn’t expire until 25-7p years after the death of the creator, depending on the type of work
• In 1992 it was extended to include computer programs as a type of literary work (copyright automatically applies to code)
• If an individual believes that their work has been copied, it is their responsibility to take action under the Act

Question 7

What does the Regulation of Investigatory Powers Act 200 cover?

Answer 7

• Investigation, surveillance, and interception of communication by public bodies
• Enforces internet service providers and mobile phone companies to give up information upon request from authority and ensure that networks have sufficient hardware installed to facilitate surveillance
• Prevents the existence of such interception activities being revealed in court

Question 8

Why is RIPA controversial?

Answer 8

• Its powers extend to small agencies such as local councils: Some feel the Act is an invasion of privacy and is often improperly used

Question 9

What is Surveillance?

Answer 9

• The use of technology to gather information on people

Question 10

What is Communication?

Answer 10

• The use of technology to gather information on people electronically