Chapter 7 - Acts | Mind Map

Chapter 7 - Acts

Data Protection Act (1998)
1. Terminology
  1. Personal data - any data which relates to a living, identifiable individual.
  2. Data - anything that is held which can be said to be part of a record. This covers both manual and computer data.
  3. Processing - Obtaining, recording or holding the information or data. It also covers any operation performed on the information or data.
2. People Involved
  1. Data subject - the living identifiable human being about whom the data is being held.
  2. Data controller - responsible for making sure that all the provisions of the Data Protection Act are being complied with.
  3. Data processor - any person (other than an employee of the Data controller) who processes the data on behalf of the data controller.
  4. Recipient - individuals who are given the data in order to do some form of processing on it.
  5. Third party - this is the person who receives the data for processing.
  6. Information commissioner - responsible for ensuring that the Data Protection Act is being adhered to, by giving advice and investigating complaints.
3. Rights
  1. Right to subject access.
  2. Right to prevent processing likely to cause damage or distress.
  3. Right to prevent processing for the purposes of direct marketing.
  4. Rights in relation to automated decision making.
  5. Right to compensation if damage and distress is suffered by the Act being contravened.
  6. Right to rectify, block or erase incorrect data.
4. Excepetions
  1. National security.
  2. Crime and taxation.
  3. Health, education and social work.
  4. Domestic purposes.
5. Provisions
  1. Personal data shall be processed fairly and lawfully.
  2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible.
  3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
  4. Personal data shall be accurate and, where necessary, kept up to date.
Computer Misuse Act (1990)
1. Provisions
  1. Unauthorised access to computer material.
  2. Unauthorised access to with intent to commit or facilitate the commission of further offences.
  3. Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of a computer.
  4. Making, supplying or obtaining articles for use in computer misuse offences (known as Section 3A).
2. Evaluation
  1. Advantages
    1. Until the CMA, theft of electricity was the only ICT crime to be charged with.
    2. Legal grounding if a company’s security has been compromised.
  2. Disadvantages
    1. There has to be intentions to commit a crime.
    2. Hard to find out who is responsible.
    3. Only enforced once the crime has been committed.
    4. Friends/colleagues are technically breaking the law by signing onto your account.
Copyright, Designs and Patents Act (1988)
1. Makes it illegal to steal or create unauthorised copies of software.
2. Covers manuals, books, CDs and music.
3. Evaluation
  1. Advantages
    1. Those who create it keep it as their own.
    2. Monetary rewards.
  2. Disadvantages
    1. When you buy software you’ve only bought a license to use it.
    2. Some software have a maximum amount of users.
    3. People often do not understand the licenses.
    4. Illegally downloading hinders future development.
Regulation of Investigatory Powers Act (2000)
1. Provisions
  1. Address concerns about the user and misuse of communication interception techniques used by organisations.
  2. Alows lawful interception of postal, telecommunications and digital communications.
  3. Criminal offence to monitor communications without lawful authority.
2. Organisations may monitor and record communications...
  1. To establish the existence of facts to ascertain compliance with regulatory or self-regulatory practices or procedures.
  2. In the interests of national security.
  3. To prevent or detect crime.
  4. To investigate or detect unauthorised use of telecommunications systems.
  5. To secure, or as an inherent part of, effective system operation.
3. Organisations may monitor by not record...
  1. Received communications to determine whether they are business or personal communications.
  2. Communications made to anonymous telephone help lines. Public interceptions can also be made with lawful authority.
4. Evaluation
  1. Advantages
    1. Monitor what employees are doing.
    2. Ensure facilities are being used correctly.
  2. Disadvantages
    1. Breach of trust.
    2. Breach of privacy.
The Electronic Communications Act (2000)
1. Provisions
  1. Cryptography service provided - allows the government to set up a register of approved cryptography services.
  2. Facilitation of electronic commerce data storage - this recognises digital signatures which are now admissible in law.
  3. Designed to facilitate e-commerce and recognise digital signatures and setting up a register of cryptography service providers.
2. Evaluation
  1. Advantages
    1. Contracts signed online have same legality of those signed by hand.
    2. Increased security of e-commerce.
    3. Legal backing.
  2. Disadvantages
    1. Will take a long time for some bodies to accept online signatures.
    2. Security risk.
Freedom of Information Act (2000)
1. Provisions
  1. Deals with access to official information that is being able to find out information on any topic from any public authority.
  2. Includes government, health services, schools and police.
  3. Anyone can make a request – no restrictions on age.
  4. 20 works days to comply with your request.
2. Evaluation
  1. Advantages
    1. Accessibility.
    2. Information is available for those who request it.
  2. Disadvantages
    1. Some information may be withheld to protect various interests.
    2. Public authority does not have to conform or deny the existence of the information you request.

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Chapter 7 - Acts

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