1.5.1 - Computer Related Legislation
This resource is to enable AS ICT learners to learn about the Data Protection Act
Terms in this set (48)
What year was the Data Protection Act passed as law
A living person about whom personal data is collected and processed
An appointed person in an Organisation who is charged to ensure that personal data collected, is not misused and that the Data Protection Act is implemented effectively
Covers both facts and opinion about a data subject e.g. names, address, date of birth, telephone and email contacts, medical records, financial records, qualification, pictures and moving images, criminal records etc
Information Commissioner's Office (ICO)
The government department tasked with implementing the Data Protection Act. The also act as Ombudsman between the data subject and the data controller incase of complaints
Rights of a data subject
To view information about them that is held by any organisation. To ask that the information held about them is corrected if it contains errors.
Information that the Data Controller must register with the ICO
Names & Address of the Organisation; Description of data being collected and processed; the reason for collecting personal data; from whom the personal data will be collected; to whom the personal data will be revealed if any.
How many principles of the DPA
The principles of the DPA
Personal data held and processed must be: Fairly and lawfully processed; Processed for only registered purposes; Adequate, relevant and not excessive; Accurate and up to date; Not kept for longer than is necessary; Processed in line with data subject rights; kept secure; Not transferred to countries without adequate protection
Exemptions to the DPA
if the data collected is to safeguard national security; if data collected is for individual personal use; if data collected is to prevent or detect crime; if data collected is for tax purposes collected by the HMRC;
mediator between two aggrieved parties
Her Majesty Revenue & Customs
Why DPA exists
to prevent the misuse of personal data that is collected by various organisations; ICO helps to police and ensure DPA compliance in Organisations.
CMA Offence 1: Unauthorised access to computer material.
This is the lowest level of offence. Any type of viewing files without authorised access is breaking this act.
CMA Offence 2: Unauthorised access with the intent to commit or facilitate a crime.
Done with the intent of doing something illegal. This may be done by stealing or guessing the users password by using spyware or keylogging software, they could also use phishing.
CMA Offence 3: Unauthorised modification of computer material.
deleting or changing files to cause damage to an individual or company. This also means purposely transmitting a virus to another computer system.
Penalty CMA Offence 1:
6 months in prison and/or a large fine.
Penalty CMA Offence 2:
5 years in prison and/or a large fine.
Penalty CMA Offence 3
Offence 3: 5 years in prison and/or a large fine.
Where an unauthorised person uses a network, Internet or modem connection to gain access past security passwords or other security to see data stored on another computer.
Data misuse and unauthorised transfer or copying
Personal data, company research and written work, such as novels and textbooks, cannot be copied without the copyright holder's permission.
Copying and distributing copyrighted software, music and film
This includes copying music and movies with computer equipment and distributing it on the Internet without the copyright holder's permission.
Email and chat room abuses
Impersonation and deception where people who are online pretend to have a different identity.
Identity and financial abuses
misuse of stolen or fictional credit card numbers to obtain goods or services on the Internet
Simple programs written by people and designed to cause nuisance or damage to computers or their files
Security services and the police
Who was the RIPA act set up for?
To manage surveillance
What is the purpose of the RIPA act?
To take account of technological changes such as the growth of the Internet and the development of strong encryption.
Why do the security services and the police need to have this surveillance access?
2 year jail sentence
What might be the consequences to the individual if they fail to provide the encryption key or a decoded version of the file?
Regulation of Investigatory Powers Act
Legislation which regulates the powers of public bodies to carry out surveillance and investigation, and covering interception of communications
The aim of allowing certain organisations to intercept communications.
To prevent or detect crimes and public disorder from occurring. To ensure national security and the safety of the general public. To investigate or detect any abnormal or illegal use of telecommunication systems.
Also known as metadata, is made up of every element of a communication except its content.
Examples of Metadata
Who made and received the communication, how long the call lasted for and the location of both parties.
The police, intelligence agencies, the Charities Commission, the Financial Services Authority and local councils can all request access to this data.
Surveillance that is deemed to be non-intrusive or occurring outside of a private home or vehicle.
Covert Human Intelligence Sources (CHIS)
Involves the deployment of officers to covertly monitor individuals, whilst assuming a false identity.
Can occur within private property or vehicles. The techniques can include actions such as eavesdropping on conversations that occur in an individual's home or vehicle.
Copyright, Design and Patents Act
Designed to protect the intellectual property rights of software developers.
Anything an individual has written or created. It can be music, text, pictures, photographs, movies...
Copyright materials that have been altered or changed. You may not use a copyrighted work without permission
You must give credit when using someone else's ideas
Lists of sources that have used in research
Copyright Symbol ©
A mark that shows a work is copyrighted. A work can be copyrighted even if it doesn't have the mark.
Recognizable sign, design, or expression which identifies a product or service
Permits limited use of copyrighted material without acquiring permission
Intellectual property has expired
Public copyright license that enables the free distribution of a copyrighted work
Illegal activities covered by the Copyright, Design and Patents Act
Making unauthorised copies of software, running multiple copies of software when only one licence has been purchased. supply, lend or sell pirate software to third parties, using pirate software and transmitting copyright software over communications links
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