Laws Flashcards

1
Q

The Computer Misuse Act 1990: Aims?

A

To prevent unortharised access of data

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2
Q

The Computer Misuse Act 1990: How does this occur?

A

Usually through hacking, but it can also occur through theft and phishing

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3
Q

The Computer Misuse Act 1990: The 3 levels of offence?

A
  1. !Unortharised access to data
  2. !!Unortharised access with the intent to commit further (such as freud or theft)
  3. !!!Unortharised modification of data!!
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4
Q

The Computer Misuse Act 1990: Level 1 breach punishments?

A

Up to 6 months prison and/or up to a **£5,000 fine **

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5
Q

The Computer Misuse Act 1990: Level 2 and 3 breach punishments?

A

Up to 5 years prison and/or unlimited fine

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6
Q

The Computer Misuse Act 1990: What else can happen if users are convicted of a breach?

A

Can have their equipment confiscated and be banned from accessing the internet

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7
Q

Copyright and Patents Act 1988: Aims?

A

To protect interllectual property

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8
Q

What does the Copyright and Patents Act 1988 apply to?

A

Books, music, video footage, computer software etc

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9
Q

What are the rules of the Copyright and Patents Act 1988?

A

Any material that is copyrighted cannot be used or reproduces witout the prior permission of the copyright holder.

Electronic material that is copyrighted will usually display a liscence agreement prior to installation and/or firs use, which outlines how it can be used.

Software lisceneces outline how the program can be used such as: single-user, multi-user, site liscence, shareware or freeware

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10
Q

Copyright and Patents Act 1988: Punishment for Minor offences?

A

Up to 6 months in prison and/or up to a £5,000 fine

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11
Q

Copyright and Patents Act 1988: Punishment for major offences?

A

Up to **10 years prison **and/or an unlimited fine

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12
Q

Copyright and Patents Act 1988: What other punishments happen to people who are convincted of a breach?

A

They can have their equipment confiscated

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13
Q

The Data Protection Act 1998: Requirements?

A

All businesses/organisations (data users) that collect and store data about their customers and staff (data subjects) must register with the Information Commisioner.

They must state what data they are planning to store, and how they wish to use it and how long they will store it for.

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14
Q

The Data Protection Act 1998: Principles?

A

Data must be:

  1. Fairly and lawfully processed
  2. Process for limited purposes
  3. Adequate, relevant and not exessive
  4. Accurate and up to date
  5. Not kept for longer than necessary
  6. Processed in line with data subjects rights
  7. Secure
  8. Not transferred to other countries without adequate protection
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15
Q

The Data Protection Act 1998: Who is a data controller?

A

This person must be apointed by each business etc who is responsible for ensuring that the principles are being followed

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16
Q

The Data Protection Act 1998: What do Data Subjects have the right to do?

A
  1. See what data is being held about them and request a copy of this information (freedom information act) ALTHOUGH they may be charged for this.
  2. Request that information may not be processed if it might cause damage or distress
  3. Have anything that is inaccurate corrected
  4. Refuse to have their data used bythird parties’ (found in the terms and conditions - people who are connected to the origional business)
  5. Complain to the Information Commisioner if they feel that the act has been breached
  6. Claim compensation through the courts for damages caused by the breach
17
Q

Who is the data user and who is the data subject?

A

Data user - businesses or organisations

Data subject - customers and staff