Chapter 44 Legislation Flashcards

1
Q

What are the 4 acts I have to know ?

What are the 2 others that are good to know ?

A

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

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2
Q

What is Data Protection Act 1998 designed for ?

A

To protect an individual and their data.

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3
Q

What are the 8 main principles of Data Protection Act?

A
  • 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
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4
Q

Why was the Data Protection Act 1998 created?

A

As many companies and places of power store personal data.

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5
Q

Who is a data controller?

A

Someone who holds personal data

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6
Q

Who must the data controller register use / hold of personal data with?

What can this place do ?

A

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
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7
Q

What are some exceptions from the Data Protection Act 1998?

A

Non profit organisations
Household affairs
Maintenance of public register
Special categories e.g. National Security

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8
Q

Who is a data subject?

A

Someone who’s personal data is about and held by data controller

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9
Q

What is Computer Misuse Act 1990 designed to prevent ?

A

It prevents unauthorised access to or distribution of programs or data.

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10
Q

What offences does the Computer Misuse Act 1990 recognize ? What level are these ?

A

×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)

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11
Q

Why do organisations rarely choose to prosecute under the Computer Misuse Act 1990?

A

As they would be publicly declaring that their security was breached, which can have negative effects upon company .

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12
Q

Why is it hard to prosecute under Computer Misuse Act 1990?

A

Hhhh

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13
Q

Copyrights and Designs Patents Act 1988 is a law designed to do what?

A

Protect intellectual property of individuals and organisations.

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14
Q

What does Copyrights Designs and Patents Act 1988 make it illegal to do ?

A

Makes it illegal to use, copy or distribute people’s creations without appropriate licence.

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15
Q

In terms of Computer Science what does Copyrights Designs and Patents Act 1988 affect.

A

Piracy and theft of ideas, software or hardware.

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16
Q

What are some problems that come with no compliance to Copyright Desings and Patents Act 1988?

A
  • no income for creator
  • lesser quality of cracked software than original
  • cracked programs or software may contain viruses
    (Affacting Computer Misuse Act 1990)
17
Q

What are some exceptions to Copyrights Desings and Patents Act 1988?

A

If there is a copy in backups

Or if used for educational purposes

18
Q

Where can certain designs be registered and how long does the protection last ?

A

Designs and Patents office with protection lasting 25 years for designs and 20 for patents.

19
Q

What designs and patents cant be registered ?

A

Mathematical or scientific discoveries and computer programs (legal as long as the recreation doesnt use original code, so you can create your own version of a computer program)

20
Q

What is the purpose of Regulation of Investigatory Act 2000?

A

The purpose is to allow authorities the right to access secure information in act of investigation (for crime prevention)

21
Q

What must an organisation (usually ISPs) or individual make provision for if requested under RIPA 2000 Act.

A

×interception of communications
×carrying out surveillance
×access to data encrypted or protected
×acquisition and disclosure of data relating to communications
×the use of covert human intelligence sources

22
Q

What does the Equality Act 2010 make illegal ?

A

Discrimination against individuals by not providing service or section of public or verbal abuse.

23
Q

What must we consider under Equality Act 2010 on computers ?

A

×use of colour
×sizings and magnifies
× character sets (languages )
× reading direction

24
Q

What are the provisions of Communications Act 2003?

A

makes it illegal to steal WIFI access or send offensive messages or posts using communications systems

25
Q

What can the Communications Act invade ?

A

Freedom of speech