This document contains the summary for unit 1.5 which covers:
Computer Related Legislation
Data Protection Act
Computer Misuse Act
Regulation of Investigatory Powers Act
Moral and Ethical Issues
Computer related legislation:
The Data Protection Act 1998:
The Data Protection Act law applies to information stored both on computers and in organised paper
filing systems. The law covers personal data, which is any data that can be used to identify a living
person. Furthermore, data which can be used in combination with other data to identify a living
person is also classified as personal data. Examples of personal data include a person’s name and
address.
An individual who can be identified by personal data is referred to as the data subject, with the law
protecting them in eight specific ways as laid out by the government.
1. Personal data shall be processed fairly and lawfully.
2. personal data shall be obtained only for 1 or more specified and lawful purposes.
3. personal data shall be adequate, relevant, and not excessive for its purposes.
4. personal data shall be accurate and where necessary kept up to date.
5. personal data shall not be kept for longer than is necessary for its purposes.
6. personal data shall be processed in accordance with the rights and data subjects under this
act.
7. Appropriate technical and organisational measures shall be taken against unauthorised or
unlawful processing of personal data and against accidental loss or destruction of, or
damage to, personal data.
8. personal data shall not be transferred to a country or territory outside the European
Economic Area unless that country or territory ensures an adequate level of data protection.
This act also gives data subject certain rights, such as the right to request a copy of the data held
about them. The right to connect a data held about them and the right to prevent marketing using
contact details provided by the data subject.
As of 2018, the Data Protection Act has been replaced by the general Data Protection Regulation
(GDPR) and the Data Protection Act 2018.
The Computer Misuse Act 1990:
The Computer Misuse Act 1990 concerns the malicious use of computers. The act was originally
created to ensure that computer hacking was covered by law but has since been frequently updated
to ensure it remains relevant.
The Computer Misuse Act outlines 3 primary offences:
1. unauthorised access to computer materials.
For example, finding a teacher’s password and opening their files.
2. unauthorised access with intent to commit further offences.
For example, finding a teacher’s password and opening their files with the intent increasing
your mark in the mark book.
3. Unauthorised modification of computer material
For example, finding a teacher’s password, opening their files, and increasing your mark in
the mark book.
The consequences of the second and third offences are generally worse than the first, with each
offence being punishable with imprisonment.
, The Copyright, Design and Patent Act 1988:
The Copyright, Design and Patent Act was brought in to protect people’s property online. It covers
everything from logos to music recordings. If a work is original, copyright automatically applies and
doesn’t expire until 25-70 years after the of the creator, depending on the type of work.
In 1992, the act was extended to include computer programs as a type of literary work, meaning that
copyright automatically applies to code. If an individual behaves that their work has been copied, it’s
their responsibility to act under the act.
The Regulation of Investigatory Powers Act 2000:
The Regulation of Investigatory Powers Act covers investigation, surveillance, and interception of
communication by public bodies. For example, the Secret Service can legally wire-trap online
conversations in the interests of national security provided that a warrant has been issued.
Furthermore, the act enforces internet service providers and mobile phone companies to give up
information upon request from an authorised authority and to ensure that their networks have
sufficient hardware installed to facilitate surveillance.
This act is particularly controversial as its powers extend to small agencies, like local councils. In
addition, some people feel that the Act is an invasion of privacy, or that it is often improperly used.
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