Different Legislations (1.5.1 Legal Impacts) Flashcards
What are the 8 principles of the Data Protection Act? (BONUS: What is their purpose)
(If not all, aim for at least 5)
- Data is not stored longer than need be (so that customers can leave an organisation)
- Data must not be given to other countries that do not offer the same level of protection (Countries outside the EU do not offer the DPA)
- Data must be adequate, relevant and not excessive for the use (Irrelevant mustn’t be stored)
- Data must be kept safe and secure
- Data should only be kept according to the rights of the data subject
- Data must be processed in a fair and lawful way (to not contradict customer rights)
- Data must only be used for the stated purpose (to discourage junk mail)
- Data must be kept accurate and up-to-date (so that users aren’t wrongly accused for old/erroneous data)
What is the Data Protection Act? What does it do?
A legislation defining what an organisation can do with the data of its users.
Defines the rights individuals over the data stored regarding them.
What is the Computer Misuse Act?
A Legislation geared towards the prevention of hacking and cyber crimes
When was the Computer Misuse Act implemented?
1990
What 3 offences does the Computer Misuse Act tackle?
- Unauthorised access with the intent of further cyber-attacks/implementing malware
- Unauthorised modification of Software
- Unauthorised access to a computer system/its contents
- Making, supplying or obtaining tools used to commit computer misuse offences
When was the Copyright Designs and Patent Act introduced?
1988
Employing copyright, it becomes illegal to:
- Make copies of copyrighted material
- Share copyrighted material
- Use unlicensed software
- Plagiarise someone’s work
What does the Copyright Designs and Patent Act do?
Protects the use of a producer’s intellectual property. Copyright automatically applies to any original creative work physically expressed – it does not have to be registered.
What is the application of a patent? (What is a patent more geared towards?)
Protecting the rights of an invention. They are more geared towards ideas/concepts rather than a physical expression.
Do patents apply only to hardware, software, or both?
Both
Why is the Copyright Designs and Patent Act not always effective?
The constantly evolving nature of the internet has found work-arounds to this legislation.
What are the work-arounds to the Copyright Designs and Patent Act?
- File sharing is very easy today, especially seen in Peer-to-Peer networks.
- Digital representation of text, video, images and audio allow for perfect copies to be made
- There is uncertainty on whether or not websites hosts are responsible for the illegal activity
What is Creative Commons (CC)
A licensing framework aimed at preventing work-arounds to the CDPA, preventing unauthorised distribution of Copyrighted material.
What are the 4 types of CC licenses?
CC Attribution
CC Share-alike
CC Non-commercial
CC No-derivatives
What is CC Attribution?
Work can be shared, edited and copied so long as the original creator is credited
What is CC Share-alike?
Work can be shared under the same license terms as the original
What is CC non-commercial?
Work can be shared explicitly to no profit
What is CC No-derivative?
Work can be shared but not modified.
What are some examples of sites exhibiting a lot of Creative Commons?
- YouTube
- Google Images
- Soundcloud
When was the Regulation of Investigatory Powers Act enacted?
2000
What does the RIPA do and why was it enacted?
Allows for organisations to see communicated data among internet users. It was implemented to combat increasingly complex encryption programs
What does RIPA stand for?
Regulation of Investigatory Powers Acts
The RIPA allows government bodies and crime agencies to:
- Require an Internet Service Provider (ISP) to gain access to an internet user’s communications
- Require an Internet Service Provider as means to fit surveillance equipment
- Monitor individual’s use
- Demand that internet users reveal encryption keys
Why is intercepted data never revealed in court?
So as to keep the methods used by the organisations hidden. This is thank to the Regulation of Investigatory Powers Act
What are the rights of the data subject?
Subject access
Correction
Prevent distress
Prevent direct marketing
Prevent automatic decisions
Complaint to the Information Commissioner
Compensation
The 4 clauses of the Computer Misuse Act cover what threats?
- Hacking
- Fraud
- Blackmail
- Malware
Drawbacks of RIPA
Invasion of privacy
Freedom of speech harshened
Unnecessary censorship
Improper use of the RIPA
