Legalisation Flashcards

1
Q

What are the 4 acts?

A

The Data Protection Act (2018) - was 1998 until now
The Computer Misuse Act (1990)
The Copyright, Designs, and Patents Act (1988)
The Freedom of Information Act ( 2000)

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2
Q

What does the data protection act (DPA) set out?

A

Rules for handling other peoples’ personal data

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3
Q

What does the DPA require?

A

Every data controller (i.e. every organisation or sole trader) who wants to collect or process personal data must register with the Information Commissioners Office

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4
Q

What does a data controller have to disclose when registering with the Information Commissioners Office?

A

They have to disclose what type of data they are collecting and why they are collecting it

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5
Q

Give 3 examples of data that has more restrictions placed on the collection of it

A

Race
Criminal background
Religious beliefs

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6
Q

What are the 3 exemptions of the DPA?

A

National Security - If required for the purpose of safeguarding national security, the government does not have to disclose what data they are holding about individuals
Crime - Data which is being held in order to prevent or detect a crime does not have to be disclosed
Taxation - any data collected for taxation purposes is exempt

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7
Q

What is the 1st principle, to do with how data is obtained?

A

Personal data should be obtained and processed fairly and lawfully

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8
Q

What does the 1st principle mean?

A

You should be told about data which is being collected about you and should be asked for your permission to collect it
You should also be made aware of the reason why the data is to be collected and for what it will be used

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9
Q

What is the 2nd principle, to do with how data is held?

A

Personal data can be held only for specified and lawful purposes

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10
Q

What does the 2nd principle mean?

A

The data collector has to state why they want to collect and store information when they apply for permission to be able to do so
If they use the data they have collected for other purposes, they are breaking the law

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11
Q

What is the 3rd principle, to do with how data is collected and then used?

A

Personal data should be adequate, relevant and not excessive for the required purpose

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12
Q

What does the 3rd principle mean?

A

Organisations should only collect the data that they need and no more

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13
Q

What is the 4th principle, to do with age of data?

A

Personal data should be accurate and kept up-to-date

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14
Q

What does the 4th principle mean?

A

Companies should do their best to make sure that they do not record the wrong facts about a data subject
If a person asks for the information to be changed, the company should comply if it can be proved that the information is indeed incorrect

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15
Q

What is the 5th principle, to do with the time data is held?

A

Personal data should not be kept for longer than is necessary

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16
Q

What does the 5th principle mean?

A

Organisations should only keep personal data for a reasonable length of time

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17
Q

What is the 6th principle, to do with how data is processed?

A

Data must be processed in accordance with the rights of the data subject

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18
Q

What does the 6th principle mean?

A

People have the right to inspect the information held on them (except in certain circumstance)
If the data being held on them is incorrect, they have the right to have it changed

19
Q

What is the 7th principle, to do with security of data?

A

Appropriate security measures must be taken against unauthorised access

20
Q

What does the 7th principle mean?

A

This means information has to be kept safe from hackers and employees who don’t have rights to see it
Data must also be safeguarded against accidental loss

21
Q

What is the 8th principle, to do with how data is transferred across nations?

A

Personal data cannot be transferred to countries outside the EU unless the country has similar legislation to the Data Protection Act

22
Q

What does the 8th principle mean?

A

If a company wishes to share data with an organisation in a different country, that country must have similar laws to our Data Protection Act in place

23
Q

What is the DPA separated into?

A

8 Principles

24
Q

What is the General Data Protection Regulation (2018)?

A

It is very similar to the DPA but it has some important new rights - namely the right to be forgotten

25
Q

What are the 8 individual rights under the DPA?

A
The right to be informed
Right of access
Right to remedy
Right to erasure
Right to restrict processing
Right to data portability
Rights to object
Rights related to automated decision making including profiling
26
Q

What is the right to be informed?

A

If an organisation or web site is collecting information about you, then they need to explain what they are doing with the collected data and make it easily understood. This is often set out in their privacy policy

27
Q

What is the right of access?

A

Each person has the right to see what personal information is being held by the organisation

28
Q

What is the right to remedy?

A

If the personal information being held is inaccurate or incorrect then each person has the right to insist that it is fixed

29
Q

What is the right to erasure?

A

This is the right to ‘be forgotten’. The main idea is that each person can insist that their personal data (including postings etc) are deleted where there is no compelling reason for its continued retention

30
Q

What is the right to restrict processing?

A

The individual has a right to ‘block’ further processing

31
Q

What is the right of data portability?

A

Each person has the right to obtain and re-use their personal data for their own purposes across different services

32
Q

What is the right to object?

A

Each person has the right to object to how their personal data is being processed

33
Q

What is the right related to automated decision making including profiling?

A

Individuals have the right not to be subject to an automated decision, they can insist on human intervention and/or an explanation of the decision and challenge it

34
Q

What is the computer misuse act (1990)?

A

This made it illegal to break into someone else’s computer to steal, edit, or delete data

35
Q

What offences does the computer misuse act recognise?

A

Unauthorised access to computer material
Unauthorised access with intent to commit or facilitate a crime
Unauthorised modification of computer material
Making, supplying or obtaining anything which can be used in computer misuse offences

36
Q

How was the computer misuse act amended in 2014?

A

To include up to a 10 year prison sentence for the most serious computer related crimes

37
Q

Why was the Copyright, Design and Patents Act (1988) introduced?

A

In order to protect the investment of time, money and effort by the people who create original pieces of work

38
Q

What are the 2 purposes of the copyright, design and patents act?

A

To allow people or companies creating media, to be Paid for the effort they had to put into creating the work
To protect the “Intellectual Property” rights of the creator

39
Q

What is the common copyright length?

A

70 years after the author has died

40
Q

What are 4 things that break the law against copyright?

A

Copying commercial software (i.e. software you should have paid for)
Copying or downloading music or films (that should you should have paid for)
Copying an image from a web page
Copying text from a webpage and using it as your own work

41
Q

What does the freedom of information act allow people the right to do?

A

Gives individuals and organisations the right to request official information held by over 100,000 public bodies

42
Q

Give 3 examples of public bodies

A

Local authorities
Hospitals
Schools

43
Q

What 2 ways are the freedom of information act enforced?

A

Public authorities are obliged to publish certain information about their activities
Members of the public are entitled to request information from public authorities