16: Computer Related Legislation

Question 1

What is the purpose of the Data Protection Act 1998?

Answer 1

• To control how your personal information is used by companies and the UK government

Question 2

What are the roles introduced as a result of the Data Protection Act?

Answer 2

• Data subject: has data about them stored somewhere outside their direct control
• Data controller: Determines what data an organisation collects and how it is collected, processed and stored
• Data commissioner: Has the power to enforce the DPA; this is a public body that reports directly to parliament and is appointed by the crown

Question 3

What are the 8 principles of the Data Protection Act?

Answer 3

• Only held for specific reasons
• Only used for the registered purpose it was intended
• collected and used fairly and inside the law
• Adequate, relevant and not excessive
• kept accurate and up to date
• Not kept longer than is necessary
• Kept safe and secure
• No transfer outside the EEA unless the country has data protection

Question 4

What are the 7 rights of data subjects?

Answer 4

• Right of subject access
• Right of correction
• Right to prevent distress
• Right to prevent direct marketing
• Right to prevent automatic decisions
• Right of complaint to the Information Commissioner
• Right to compensation

Question 5

What actions are illegal under the Computer Misuse Act 1990?

Answer 5

• Unauthorised access to a computer system
• Unauthorised access to digital materials with the intent to commit further crime
• Unauthorised modification of data
• Making, supplying or obtaining tools used to commit computer misuse offences

Question 6

what are 4 offences covered by the Computer Misuse Act?

Answer 6

• Hacking
• Fraud
• Blackmail
• Malware

Question 7

what is the penalty for unauthorised access?

Answer 7

Fine: Up to £5000
Prison: Up to 6 months

Question 8

What is the penalty for unauthorised access with intent?

Answer 8

Fine: Unlimited
Prison: Up to 5 years

Question 9

What is the penalty for unauthorised modification of data?

Answer 9

Fine: Unlimited
Prison: Up to 5 years

Question 10

What is the penalty for making, supplying or obtaining tools used to commit offences?

Answer 10

Fine: Unlimited
Prison: Up to 10 years

Question 11

What is meant by intellectual property?

Answer 11

Anything you create using your mind

Question 12

What protections are offered by the Copyrights Design and Patents Act?

Answer 12

Prevents people stealing or copying:

• • Brand names
• • Inventions
• • Product Designs
• • Original works

Question 13

How is intellectual property protected in law?

Answer 13

By way of:

• • Copyright
• • Patents
• • Licensing
• • Trademarks

Question 14

What is meant by copyright?

Answer 14

A legal term used to describe the rights a creator has over their own work

Question 15

What is meant by a patent?

Answer 15

An exclusive right granted for an invention - they provide the owner with the right to decide if or how their inventions can be used by others

Question 16

What are 5 examples of digital media covered by the Copyright Design and Patents Act?

Answer 16

• Music
• Books
• Videos
• Games
• Software

Question 17

What does RIPA stand for?

Answer 17

Regulation of Investigatory Powers Act

Question 18

What does the RIPA do?

Answer 18

Provide certain bodies the right to monitor communications and internet activities

Question 19

Give 5 examples of public bodies involved in the RIPA:

Answer 19

• police
• security services
• Environment Protection Agency
• Office of Fair Trading
• Serious Fraud Office

Question 20

What are actions granted legal as a result of the RIPA?

Answer 20

• Demands that ISPs provide access to customer communications
• Prevents the existence of interception activities being revealed in court
• Allows mass surveillance of communications
• Allows monitoring of an individual’s internet activities
• Demands that access be granted to protected information
• Demands that ISPs install equipment that facilitates surveillance

Question 21

What are 2 things ISPs must do under the terms of the RIPA?

Answer 21

• Provide access to digital communications, digital communications archives and internet activities when asked
• Implement hardware and software systems that facilitate the surveillance of digital communications

Question 22

What are 2 things businesses must do under the terms of the RIPA?

Answer 22

• Provide access to digital communications or data when asked
• Implement a hardware and software solution that facilitates the storage of digital communications

Question 23

What are 4 concerns of the RIPA?

Answer 23

• Invasion of privacy
• Improper use of the RIPA
• Freedom of Speech
• Unnecessary censorship