Legal Issues Flashcards
What is the Computer Misuse Act?
The Computer Misuse Act was brought into force in 1990 to protect users against the theft and damage of the information they store using IT systems. Broadly speaking, this legislation covers hacking and spreading viruses. You can even be punished for attempted hacking, even if not successful. You also don’t need to have malicious intent, if you gain unauthorised access to a system but do nothing, you can still be punished.
What are the three original crimes covered by the Computer Misuse Act?
The three original crimes that were covered by this act are: Offence 1 – Unauthorised access to computer material. This is covering the hacking of a computer system. This can be punished by up to 2 years in prison and/or a large fine. Offence 2 – Unauthorised access with intent to commit or facilitate the commission of further offences. This could be using the data obtained by hacking to blackmail someone. This can be punished by up to 5 years in prison and/or a large fine. Offence 3 – Unauthorised acts with intent to impair, or with recklessness as to impairing, the operation of a computer. This could be altering the data found when hacking a system, or spreading a virus which damages data. This can be punished by up to 10 years in prison and/or a large fine.
How did the Police and Justice Act (Computer Misuse) extend the Computer Misuse Act?
In 2006 the Police and Justice Act (Computer Misuse) extended the Computer Misuse Act. It made modifications to Offence 1 so that the punishment increased to 2 years imprisonment (it was originally just six months). It also allowed offence 3 to cover Denial of Service attacks. Finally, it added an additional offence to the Computer Misuse Act: Offence 3a – Making, supplying or obtaining anything which can be used in computer misuse offences. This could be creating a malware program, such as a virus or worm, that can be used to gain access to a system and/or harm data. This can be punished by up to 2 years in prison and/or a large fine.
What is the Data Protection Act?
The Data Protection Act was introduced in 1998 to protect the privacy of individuals by ensuring that their personal information is processed in an ethical manner. This doesn’t just cover digital data stored on a computer. It covers data stored on paper and even audio data. However, it has become much more relevant due to the ease with which information is shared thanks to IT systems.
What are the 8 principles of the Data Protection Act?
The data protection consists of 8 principles. These are: Personal data shall be processed fairly and lawfully. Personal data shall be obtained for limited, specifically stated purposes. Personal data shall be adequate, relevant and not excessive. Personal data shall be accurate and, where necessary, kept up to date. Personal data shall be kept for no longer than is absolutely necessary. Personal data shall be processed according to peoples data protection rights. Personal data shall be kept safe and secure. Personal data shall not be transferred outside the European Economic Area without adequate protection.
What is the Information Commissioners Office (ICO)?
The Information Commissioners Office (ICO) is an independent body who is responsible for investigating possible data protection violations. If it is found a business has been in breach of the data protection act then they can be given a fine of up to £500,000.
What is the Copyright, Designs & Patents Act?
The Copyright, Designs & Patents Act was brought into force in 1988 to protect the creators of original works by giving them the right to control how these original works are used. This is what makes it illegal to download movies/tv/music/games from the Internet or to copy and redistribute them yourself. This covers all kinds of different work, such as literary works, published editions, databases, artistic work, musical work, dramatic work, sound recordings, films and broadcasts.
How long does copyright last?
Copyright isn’t permanent though and different types of work last for different lengths. For example, literary, dramatic, artistic and musical works last from 70 years after the author’s death. However, published editions last just 25 years after it was first published.
What is the punishment for copyright infringement?
The punishment for copyright infringement is usually limited to paying damages to the copyright holder as well as handing over any profits. Where this involves two big businesses this can go into the millions of pounds. For extreme cases of copyright infringement, it can result in imprisonment, up to a maximum of 10 years.
What are the Copyright (Computer Programs) Regulations?
The Copyright (Computer Programs) Regulations were implemented in 1992 to extend the Copyright, Designs & Patents Act. This ensures that computer programs are covered under copyright. This comes under literary works and also includes the programs design documentation. The legislation makes it illegal for both individuals and organisations to distribute, download & copy software without the copyright holders permission. If a business were to use illegally copied software then the organisation’s board of directors would be liable for damages.
What are The Health and Safety (Display Screen Equipment) Regulations?
These regulations, implemented in 1992, extended the Health & Safety at Work Act. They ensure that display equipment must comply with health and safety regulations to ensure users are not harmed in some way (such as RSI or eye strain).
What are some key elements of The Health and Safety (Display Screen Equipment) Regulations?
Some key elements of this include: Businesses must perform a risk assessment for workstations used by employees. Employees must receive (and take) adequate breaks from looking at display screens. Employees have a right to a yearly eye test, the cost of which must be met by the employer. Employees using computers must receive adequate health and safety training from their employer for any workstation they use. Employees must receive adequate information on the health and safety risks related to their workstation and the regulations identified above.
What is the punishment for failure to comply with The Health and Safety (Display Screen Equipment) Regulations?
Failure to comply with these regulations is normally punished through a fine. These fines can be quite severe, even into the hundreds of thousands of pounds (potentially even millions). This can also lead to imprisonment.
What is the Consumer Rights Act?
The Consumer Rights Act was implemented in 2015 to consolidate all existing consumer rights legislation into a single act. It defines the rights and remedies of consumers, whether that be consumers of goods, services or digital content. Before the consumer rights act, there was no protection for consumers of digital content. This includes online films, e-books, downloaded music and software/video games.
What rights do consumers have under the Consumer Rights Act?
This legislation provides consumers of digital goods with the right to repair/replacement or a refund should a digital product be faulty. If a business refuses to comply with the legislation then a consumer has the ability to take them to court to claim compensation.
