4.1 UK Legislation Flashcards

1
Q

What does the Data protection act 2018 do for individuals?

A

Protected the data of individuals that is stored on computers and processed by organisations

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2
Q

How does the data protection act work (TOPIC)

What is a data subject?

A

A person who has their data stored

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3
Q

How does the data protection act work (TOPIC)

What must an employee in an organisation be appointed as and what is their responsibility within that role?

A

Appointed as a data controller

Responsible for registering with the information commissioner

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4
Q

When registering with the information commissioner, what must the data controller be clear on?

A

What information they are collecting

Why it is being collected

What the data will be used for

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5
Q

What are the six principles of the data protection act?

A

1) Data must be collected lawfully and processed fairly

2) collected data must only be used for reasons specified

3) Data must be relevant and not excessive

4) Data must be accurate and up to date

5) Data must not be stored longer than necessary

6) Data must be stored and processed securely

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6
Q

What are the actions organisations must take to stick to the data protection act 2018?

A

1) Company appointing and registering a member of staff as the data controller (What are they responsible for?)

They also ensure that principles of the DPA aren’t breached

2) Strong security measures, to protect data from being accessed without authorisation (Physical or digital protection methods, think of unit 1)

3) staff should be trained, so they clearly are aware of their responsibilities and each principle

e.g “Data can only be used for the reasons specified and should not be passed to other without permission of the owner”

4) data subjects given the opportunity to alter their data and make changes if it’s incorrect.

Data should be deleted when it’s no longer needed

Organisations should periodically assess both the accuracy and relevance of storing each data subjects information

5)Data subjects can make a SAR (Subject access request) to attain a copy of the data

Companies must abide by this request verifying the users identity and presenting the data to them securely

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7
Q

What are the Rights of data subjects?

A

The right to access any information that is stored about them by public bodies

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8
Q

What are the Rights of data subjects (TOPIC)

How can an individual access their data, outline the processes involved

A

Must submit a SAR (What is a SAR?)

1) The Organisation’s data controller must be written to and told exactly what information is required to access

2) Administrative fee paid to the organisation

3) Organisation must provide the requested information within 40 days

4) individual must verify their identity using appropriate ID

Only data subject can request their data

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9
Q

Computer misuse act 1990

A

Was established to punish those who use computers inappropriately

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10
Q

Computer misuse act 1990 (TOPIC)

What happens if an individuals breaks the three principles?

State what the three principles are

A

Could result in fines and a jail sentence if done on purpose

1) No Unauthorised access to data

E.g Hacking a computer system

2) No unauthorised access to data that could be used for further legal activities

E.g Accessing personal data to use as blackmail or identify theft

3) No unauthorised modification of data

E.g Spreading a virus to change data

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11
Q

Freedom of information act (2000)

A

Allows people to request public authorities to release information

Local councils

Governments

Universities

Hospitals

Departments

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12
Q

How can one qualify for a freedom of information request?

(Freedom of information act 2020)

A

How can one qualify for a freedom of information request?

(Freedom of information act 2020)

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13
Q

Provide an example of a simple freedom of information request

(Freedom of information act 2020)

A

Average response time of the local ambulance services

FOIR can be denied if:

The request would be too expensive

Involves sensitive information (Data protection act 2018)

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14
Q

Regulation of Investigatory Powers Act (2000)

A

Used to monitor and access online communication of suspected criminals

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15
Q

If criminal activity is suspected by an individual what are the following powers of this act?

(Regulation of investigatory powers act 2000)

A

1) Internet service provides (ISP’S) must provide access to the suspects online communication

E.g emails, social media

2) Locked or encrypted data may be accessed

E.g Online messages

3) ISP’s can install surveillance equipment or software to track the suspects online activity

4) Surveillance may take place to physically track the suspect

E.g undercover officers

5) Access must be granted to personal information

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16
Q

Copyright, Designs & Patents act (1998)

A

Makes it a criminal offence to copy work that is not your own without the permission of the creator

E.g Images, Videos, software, text

17
Q

Copyright, Designs & Patents act (1998)

What does the act allow for the owner to do if they catch someone copyrighting their content?

A

The owner can bring legal proceedings in court to those who have stolen their work

18
Q

Copyright, Designs & Patents act (1998)

True or false?

Creators of copyrighted work can take ownership of their work and control how it is used?

A

True

Creators of copyrighted work can take ownership of their work and control how it is used

19
Q

Copyright, Designs & Patents Act (1998)

How can others gain access to a creators set of content?

Can the creator attain a profit through providing their content?

A

Others must ask for permission to use the work

The creator can demand a fee for its use

*The creator can ask for their content to be removed or ^

20
Q

Copyright, Designs & Patents Act (1998)

What does the act specially prohibit?

A

Making copies of copyrighted material to sell to others

Importing and downloading illegally copied material

Distributing enough copyrighted material to have a noticeable effect on the copyright holder

Possessing equipment used to copy copyrighted material

21
Q

Information Commissions Office (ICO) Codes of practice

A

Information commissioner is in charge of the country’s freedom of information requests and the protection of personal data

ICO publishes codes of practice about data protection and privacy topics, related to the data protection act

E.g How organisations should share data or the use of CCTV

22
Q

Information Commissioners office (ICO) Codes of practice

The ICO Offers help and support to both individuals and organisations

True or false?

A

True

The ICO Offers help and support to both individuals and organisations

Example for individuals

Giving access to students to their exam results

Example for organisations

Support with legal electronic marketing

23
Q

Protection of Freedoms act (2012)

A

This act was introduced due to little legislation about biometric data and to update older laws

24
Q

Protection of Freedoms Act (2012)

Outline and explain the “specific parts of the legislation” IT students need to know

A

Part 1

How biometric data is stored, handled and collected

E.g Parents must give consent before their child gives biometric data to a school

Part 2

New regulations for CCTV and ANPR (Automatic number plate recognition)

Part 5

Disclosure & Barring service created to run background checks on vulnerable people or anyone wanting to work with children

Part 6

Extends the freedom of information act (2000) allowing for wider requests to be made

25
Q

Privacy and Electronic communications Regulations (2003)

A

Regulates how organisations can communicate with individuals

Companies must stick to the following rules:

Must clearly state who they are when contacting a customer such as displaying the phone number when calling

Must explain how cookies are used on their website

Must only contact customers through communication channels that the customer has previously permitted

*Key point:

It is an offence to directly contact an individual unless they have specifically opted-in to receive communication this can be done through tick boxes

26
Q

Privacy and Electronic Communications Regulations (2003)

How much can a company be fined for unsolicited communication?

A

£500,000 from the ICO

27
Q

Equality Act (2010)

A

Legally protects people from discrimination in the workplace

^ Protected characteristics such as:

Age

Gender

Race

Disability

Religion

28
Q

What is the aim of the Equality Act (2010)

A

To end discrimination within the workplace

Open up fair opportunities regardless of behavioural or physical characteristics out of their control

Within a company:

“Protects staff by stating personal characteristics should not be a factor in an employees promotion”

This information must be presented in a format accessible to all staff