T5 | Role of Legislation in Protecting Data

Question 1

Importance of data security

Answer 1

Organisations have a right to keep our data safe and secure

Question 2

Data Protection Act 2018 (who does it affect?)

Answer 2

Affects all organisations that hold personal data about people

Question 3

What does the Data Protection Act state?

Answer 3

1. Processed lawfully
2. Collected for specified purposes
3. Adequate, relevant and not excessive
4. Accurate and up to date
5. Not kept for longer than necessary
6. Processed in a manner that ensures appropriate security

Question 4

What is a Data Controller?

Answer 4

The organisation/person responsible for how data is collected, held and used (responsible for compliance and must be able to show compliance)

Question 5

Not complying punishments

Answer 5

Failure to comply can mean fines of up to £20,000,000 or 4% of turnover

Question 6

Keeping data accurate procedures:

Answer 6

1. Cross-checking and proof reading

2. Validation and verification

Question 7

How can data be kept accurate? (forms)

Answer 7

Sending out forms when:

1. leave employment
2. change/renewal of contract
3. special event occurs

Question 8

Impact on individuals (Data Protection Act):

Answer 8

1. Right to delete personal data (withdraw consent)

2. Data cannot be passed onto 3rd parties without consent

Question 9

Impact on organisations (Data Protection Act):

Answer 9

1. Yearly fee
2. Every company must carry out DPIA (Data Protection Impact Assessment)
3. Websites must have privacy policy

Question 10

COP (Code of Practice)

Answer 10

Every organisation will have a code of practice which helps their members know how and why their data is used

Question 11

Impacts of Code of Practice on individuals

Answer 11

1. Makes people act professionally

2. Promotes good work practices

Question 12

Impacts of Code of Practice on organisations

Answer 12

1. Improve standards
2. Give competitive advantage
3. Reduce fine risk

Question 13

Computer Misuse Act 1990

Answer 13

Gain unauthorised access to computer material or modify computer material (e.g. DDoS, Brute force, fraud)

Question 14

Penalties for Computer Misuse Act 1990

Answer 14

1. Unauthorised access (make, supply, obtain): 2 years + Fine
2. Unauthorised access and commit further offences: 5 years + Fine
3. Unauthorised modification: 10 years + Fine

Question 15

The Copyright Regulations 1992

Answer 15

Programs are only allowed to be copied/changed with license or permission

Question 16

Copyright timeframe

Answer 16

Lasts up to 70 years after the owner dies

Question 17

Board directors of companies

Answer 17

They can be prosecuted for allowing illegal software copies in the company