4.5 Current relevant IT legislation. its implications and applications…
4.5 Current relevant IT legislation. its implications and applications
4.5.1 Legal Protection
Copyright,Designs and Patents Act (CD&PA)
Health and Safety at Work Act (H&S)
Computer Misuse Act (CMA)
Freedom of Information Act (Fol)
Data Protection Act (DPA)
The Data Protection Act
- The person the data
being stored about.
- The person who needs to access + use the data for their job.
- Information of a living Individual and opinions that allow the individual to be identified.
e.g. date of birth.
- The person who apply permission to collect + store data. They decide what data needs to be collected, what it will be used for and how.
provides a way on how the owner of the data could complain and claim compensation if their personal data is misused.
- Person who enforces DPA + the organisations who need to apply to gain permission to collect + store personal data..
They make sure the general public aware of the rights under DPA.
Does not protect the data, protects the rights of the owner;s data. It sets out eight principles on how to store data + used by businesses/organisation.
Personal data must be fairly + lawfully processed.
Personal data must be processed for limited purposes
Personal data must be adequate,relevant and not excessive.
Personal data must be accurate + up to date.
Personal data must be not b kept longer than necessary.
Personal data must be processed with individual's rights.
Personal data must be kept secure.
Personal data must not be transferred to countries outside the European economic area that do not have adequate data protection.
Computer Misuse Act
2. Unauthorized access with intent to commit or facilitate commission of further offences.
Even though you have permission to view information but still have the intent to commit fraud, then you are still breaking the law.
Hacking- accessing data or programs without permission to vie. It is illegal if you do not have permission access data or use the computer to access data.
3. Unauthorized acts with intent to impair or with recklessness as to impairing operation of a computer.
1. Unauthorized access to computer material
Means the unauthorized alternations made to the computer.
e.g changing files or data, is breaking the law.
Include sending viruses makes the computer malfunction, alters how it works + damages other data.
CMA deals with problems relating to hacking + viruses. Penalties for breaking this law can be for several years or a fine.
Copyright,Design and Patents Act
ICT used to copy/ download files: music/video or text to avoid paying for these.
Using software without a software licence.
Main ICT areas covered by this act are:
- illegal copying or downloading of a software
people + business who break this act have to pay a large fine
Theft of businesses of methods + ideas of other ICT businesses.
Main problem is that person who copied the work cannot be traced because copies of computer software,images + other digital data (audio + video files are easily made + shared.
using a software without the licence is the main way this act is broken.
If a piece of software bought by a business with a licence to install on three pc's but installed on the network for other users to access. this act is still broken.
Act was introduced in 1988 + makes it illegal to copy a work (e.g. file,image or a software) without permission of the owner or the copyright holder.
If text,images or files are downloaded from the internet then a permission from the copyright folder must be obtained + acknowledged.
A fee should be paid.
Any copying/sharing of digital files created by other e.gMP3's,DVD's, CDs + software - is a breach of copyright + illegal under this Act.
Health and Safety at Work Act
Employers must provide health + safety training + information.
Training should be include how to use computer equipment correctly.
Training include how to use computer equipment to minimize risks to employee' s health + steps taken to minimize the risks.
Employers must arrange + pay for eye tests + glasses if special ones needed
Eye tests can be regular for those who work with computers.
Employers must know that the workstation should meet the minimum requirements
Workstations should include tilt - and swivel screens with enough space for keyboards.
Adjustable chairs + suitable lighting for employees.
Employers must plan work so there are breaks or changes of activities
Employees mustn't work all day.
Regular breaks + changes of activities should be scheduled.
Employers must analyse the workstations + assess + reduce risks.
Computer equipment + the area must be safe.
If risks are found the en action must be taken to make the area safe.
Employees should not tamper with any cable parts /computer parts.
Employees should place the computer equipment safely , so it doe snot fall.
Employees should not drink or eat when using the computer due to electric hazards + spillage of food + drink into the computer system.
Employees should should take care of their own health + safety + others.
Employees should use ergonomic equipment
(chairs,keyboards,mice + wrist tests provided.)
Freedom of Information Act
Anyone can make a FoI request + it is the public authority to respond.
This act does not give people their personal data. to do this a subject have to request under DPA should be made.
covers recorded information held by public authorities.
These are printed documents,computer based files,letters,emails, photographs + sound/video recordings.
There are two ways the public to access information held by public authorities (Government departments,state school,NHS)
public authorities are obliged to publish information about their activities.
Members of the public are entitled to request information form the public authorities.
4.5.2 Ethical and Moral issues
When someone starts an argument /upsets people by posting untruths /cynical/sarcastic comments.
Happens to anyone.
Written comment that is damaging to a person's reputation
Libellous comments are part of trolling/ cyber bullying
Internet has to be used carefully in social media
defamation of character
must be avoided. Because it is very easy on social media to post untrue comments.
This is known as Trolling/ cyber bullying