Week 3 Flashcards
How does GDPR 2018 link to forensic investigations?
- General data protection regulation act.
Makes our data protection laws fit for the digital age when an ever-increasing amount of data is being processed.
Empowers people to take control of their data.
Supports UK businesses and organisations through this change.
Allows the Commissioner to levy higher administrative fines on data controllers and processors
for the most serious data breaches, up to £17m (€20m) or 4% of global turnover for the most serious breaches.
How does the HRA 1998 link to digital investigations?
Article 8, which detail rights and freedoms
“Everyone has the right to respect for his private and family life, his home and
his correspondence”
There shall be no interference by the public authority, Except:
* In accordance with/Prescribed by law
* Necessary in a democratic society
* In the interest of national security & public safety
* Protect the economy
* For the prevention of disorder and crime
* For the Protection of health and morals
* For the protection of the rights and the freedoms of other people
How does RIPA 2000 link to forensic investigations?
Outlines the legal methods in which surveillance and information gathering can take place to help prevent crime.
RIPA distinguishes the difference between interception of data and seizure of that
data.
Allows the police to ask a suspect to give up their passwords/codes for anything
seized. An additional sentence can be added. - section 49
How does the CMA 1990 link to forensic investigations?
- computer misuse act
1. Unauthorised access to computer material.
2. Unauthorised access with intent to commit or facilitate commission of further
offences.
3. Unauthorised acts with intent to impair, or with recklessness as to impairing,
operation of computer, etc.
How does the PoCA 1978 link to forensic investigations?
*It is an offense to take, or permit to be taken to make, any indecent photograph,
pseudo-photograph of a child.
*To distribute or show such indecent photographs or pseudo-photographs
*To have in his possession such indecent photographs or pseudo-photographs,
with a view to their being distributed or shown by himself or others
*To publish or cause to be published any advertisement likely to be understood as
conveying that the advertiser distributes or shows such indecent photographs or
pseudo-photographs, or intends to/share.
How does the CJ and I Act 2008 link to forensic investigations?
Section 63 states: It is an offence for a person to be in possession of an extreme pornographic image.
An “extreme pornographic image” is an image which is both
(a)pornographic
(b)an extreme image
An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.
Where (as found in the person’s possession) an image forms part of a series of images, the question whether the image is of such a nature, is to be determined by reference to
(a) the image itself
(b) the context in which it occurs in the series of images.
