Zusammenfassung der Ressource
Chapter 7 - Acts
- Data Protection Act (1998)
- Terminology
- Personal data - any data which relates
to a living, identifiable individual.
- Data - anything that is held which can be said to be part
of a record. This covers both manual and computer data.
- Processing - Obtaining, recording or holding
the information or data. It also covers any
operation performed on the information or data.
- People Involved
- Data subject - the living
identifiable human being about
whom the data is being held.
- Data controller - responsible for
making sure that all the provisions of
the Data Protection Act are being
complied with.
- Data processor - any person (other than an
employee of the Data controller) who processes
the data on behalf of the data controller.
- Recipient - individuals who are
given the data in order to do some
form of processing on it.
- Third party - this is the person who
receives the data for processing.
- Information commissioner - responsible
for ensuring that the Data Protection Act
is being adhered to, by giving advice and
investigating complaints.
- Rights
- Right to subject access.
- Right to prevent processing likely
to cause damage or distress.
- Right to prevent processing
for the purposes of direct
marketing.
- Rights in relation to
automated decision making.
- Right to compensation if damage
and distress is suffered by the Act
being contravened.
- Right to rectify, block or
erase incorrect data.
- Excepetions
- National security.
- Crime and taxation.
- Health, education and
social work.
- Domestic purposes.
- Provisions
- Personal data shall
be processed fairly
and lawfully.
- Personal data shall be
obtained only for one or
more specified and lawful
purposes, and shall not be
further processed in any
manner incompatible.
- Personal data shall be
adequate, relevant and
not excessive in relation
to the purpose or
purposes for which they
are processed.
- Personal data shall be
accurate and, where
necessary, kept up to
date.
- Computer Misuse Act (1990)
- Provisions
- Unauthorised access to
computer material.
- Unauthorised access to with
intent to commit or facilitate the
commission of further offences.
- Unauthorised acts with intent to
impair, or with recklessness as to
impairing, operation of a computer.
- Making, supplying or obtaining articles for
use in computer misuse offences (known
as Section 3A).
- Evaluation
- Advantages
- Until the CMA, theft of
electricity was the only ICT
crime to be charged with.
- Legal grounding if a
company’s security has
been compromised.
- Disadvantages
- There has to be intentions to
commit a crime.
- Hard to find out who
is responsible.
- Only enforced once
the crime has been
committed.
- Friends/colleagues are
technically breaking the law by
signing onto your account.
- Copyright, Designs and Patents Act (1988)
- Makes it illegal to steal or create
unauthorised copies of software.
- Covers manuals, books, CDs and music.
- Evaluation
- Advantages
- Those who create it
keep it as their own.
- Monetary rewards.
- Disadvantages
- When you buy software you’ve
only bought a license to use it.
- Some software have a
maximum amount of users.
- People often do not
understand the licenses.
- Illegally downloading hinders
future development.
- Regulation of Investigatory Powers Act (2000)
- Provisions
- Address concerns about the user and
misuse of communication interception
techniques used by organisations.
- Alows lawful interception of
postal, telecommunications and
digital communications.
- Criminal offence to monitor
communications without lawful
authority.
- Organisations may monitor and record communications...
- To establish the existence of facts to
ascertain compliance with regulatory or
self-regulatory practices or procedures.
- In the interests of national security.
- To prevent or detect crime.
- To investigate or detect
unauthorised use of
telecommunications systems.
- To secure, or as an
inherent part of, effective
system operation.
- Organisations may monitor by not record...
- Received communications to determine whether
they are business or personal communications.
- Communications made to anonymous
telephone help lines. Public interceptions can
also be made with lawful authority.
- Evaluation
- Advantages
- Monitor what
employees are
doing.
- Ensure facilities are
being used correctly.
- Disadvantages
- Breach of trust.
- Breach of privacy.
- The Electronic Communications Act (2000)
- Provisions
- Cryptography service provided - allows the
government to set up a register of approved
cryptography services.
- Facilitation of electronic commerce data
storage - this recognises digital signatures
which are now admissible in law.
- Designed to facilitate e-commerce and
recognise digital signatures and setting up a
register of cryptography service providers.
- Evaluation
- Advantages
- Contracts signed online
have same legality of those
signed by hand.
- Increased security of e-commerce.
- Legal backing.
- Disadvantages
- Will take a long time for
some bodies to accept
online signatures.
- Security risk.
- Freedom of Information Act (2000)
- Provisions
- Deals with access to official information that is
being able to find out information on any topic
from any public authority.
- Includes government, health
services, schools and police.
- Anyone can make a
request – no restrictions
on age.
- 20 works days to comply
with your request.
- Evaluation
- Advantages
- Accessibility.
- Information is available
for those who request it.
- Disadvantages
- Some information may be
withheld to protect various
interests.
- Public authority does not have to
conform or deny the existence of
the information you request.