Chapter 44 Legislation Flashcards
What are the 4 acts I have to know ?
What are the 2 others that are good to know ?
Data Protection Act 1998
Copyright and Patents Act 1988
Computer Misuse Act 1990
Regulation of Investigatory Powers Act 2000
Equality Act 2010
Communications Act 2003
What is Data Protection Act 1998 designed for ?
To protect an individual and their data.
What are the 8 main principles of Data Protection Act?
- data must be processed fairly and lawfully
- data must be relevant and not excessive
- data must be up to date and accurate
- data must not be retained longer than necessary
- data must be kept secure
- data must only be used for the function it was collected for
- data must be handled with accordance to human rights
- data must not be transferred out of EU without adequate protection
Why was the Data Protection Act 1998 created?
As many companies and places of power store personal data.
Who is a data controller?
Someone who holds personal data
Who must the data controller register use / hold of personal data with?
What can this place do ?
The Information Commisioner Office
- prosecute
- receive complaints + requests
- advice controllers or subjects on legislation
- promote compliance
- have a public list of data controllers with description of data held
What are some exceptions from the Data Protection Act 1998?
Non profit organisations
Household affairs
Maintenance of public register
Special categories e.g. National Security
Who is a data subject?
Someone who’s personal data is about and held by data controller
What is Computer Misuse Act 1990 designed to prevent ?
It prevents unauthorised access to or distribution of programs or data.
What offences does the Computer Misuse Act 1990 recognize ? What level are these ?
×Unauthorised access to computer material (Lv 1)
×Unauthorised access with intent to commit or facilitate a crime (Lv 2 )
×Unauthorised modification of computer material(Lv 3)
× Making , supplying or obtaining anything, which can be used in computer misuse offences (Lv3)
Why do organisations rarely choose to prosecute under the Computer Misuse Act 1990?
As they would be publicly declaring that their security was breached, which can have negative effects upon company .
Why is it hard to prosecute under Computer Misuse Act 1990?
Hhhh
Copyrights and Designs Patents Act 1988 is a law designed to do what?
Protect intellectual property of individuals and organisations.
What does Copyrights Designs and Patents Act 1988 make it illegal to do ?
Makes it illegal to use, copy or distribute people’s creations without appropriate licence.
In terms of Computer Science what does Copyrights Designs and Patents Act 1988 affect.
Piracy and theft of ideas, software or hardware.