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Legislations regarding the use of computers, Key - Coggle Diagram
Legislations regarding the use of computers
Computer Misuse Act (1990)
How does it affect people on a daily basis?
It aids in keeping privacy of people's data in society and it allows for less crime related to blackmailing happen less as there is a punishment.
Scenario where the law could be broken
When a hacker installs a virus to modify a person's data
What is it?
Designed to prosecute hackers who gain access to computer systems without consent
Software developers should not create programs that are capable of gaining unauthorized access to other programs or data
→ aims to prevent sensitive data getting into the wrong hands and being edited or destroyed. The act has three main laws.
Modify data on a network without permission - accessing computer material without permission with intent to commit further criminal offences, eg hacking into the bank's computer and wanting to increase the amount in your account
Altering computer data without permission - Create and / or supply Malware. , eg writing a virus to destroy someone else's data, or actually changing the money in an account
Gain unauthorised access to a network eg looking at someone else's files
The punishment for breaking the legislation
The maximum punishment for breaking this law is a £5,000 fine or several years of imprisonment.
However, one key part of the law is that intent must be proved. If a computer is not well protected, someone could accidentally access its data without meaning to and could change files without realizing. For anyone to be found guilty, it has to be shown that they intentionally accessed and changed data.
Data Protection Act (1988)
How does it affect people on a daily basis?
It provides guidance and best practice rules for organisations and the government to follow on how to use personal data including:
Regulating the processing of personal data
Protecting the rights of the data subject
Enabling the Data Protection Authority (The ICO) to enforce rules
Holding organisations liable to fines in the event of a breach of the rules
The law forces companies to have highly secure systems and to only hold onto personal information that a company really needs.
Scenario where this law could be broken
Going against the rights of data subjects...
An employer refusing to correct data about their employee that is incorrect
A hacker using data in a way that could cause harm or disease
A large company (like facebook) using data for direct marketing.
The punishment for breaking the legislation
The UK GDPR and DPA 2018 set a maximum fine of £17.5 million or 4% of annual global turnover – whichever is greater – for infringements. Th EU GDPR sets a maximum fine of €20 million (about £18 million) or 4% of annual global turnover – whichever is greater – for infringements.
What is it?
Data should only be kept for as long as is necessary
Individuals have a right to see the data held about them, and to correct it
Data should be accurate and up to date
Data should be relevant and not excessive
Data should only be used for the purpose specified
Data must be kept secure
Data should be processed fairly and lawfully: not obtained by deception
Data cannot be transferred outside the EU unless the country has adequate data protection laws
Creative Common Licensing
What is it?
A standardised way to grant copyright permission to create work. It allows an author to retain copyright whilst allowing others to copy, contribute and make some use of their work. When they do this they can choose exactly how people can use their work via one or a mixture of these licences:
Attribution – Work can be copied, modified and shared but the owner must be acknowledged
Share-alike – If work is modified it can only be shared with the same licence that the original piece of work had
Non-Commercial – Cannot re-use the work for own profit
No Derivative Works – Can copy and share but cannot modify
Scenario where the law could be broken
An artist could re-use another artists work for their own profit, even though the original artist was using a non-commercial licence
How does it affect people on a daily basis?
It gives small creators (like writers or artists just starting off) a simple and standardised way to grant copyright permissions to their creative work
It can also allow larger companies and institutions (like Disney or your school) to do the same
The punishment for breaking the legislation
When a work's CC license terms are breached, the use of the image becomes unlicensed, and the copyright is infringed. Any breach of the license terms therefore terminates the rights granted under the license. Legal punishments can vary very widely.
Copyright, Designs and Patents Act (1988)
How does it affect people on a daily basis?
Copyright gives the copyright holder exclusive rights to publish, copy, distribute and sell their creation. No one else can use the work without permission. Copyright on a piece of work lasts for a long time, although the rules about how long are quite complicated and vary from country to country.
Situations where it is legal to copy, publish, distribute or sell copyrighted material:
when you are the copyright holder
when you have the copyright holder's permission
when the copyright holder has chosen to give up their copyright
Scenario where the law could be broken
When using computers, unless you have permission with regard to particular copyrighted material, it is illegal to:
make copies of the material
publish it and sell it without permission
distribute it to other people
sell copies to other people
And this applies to any copyrighted material such as music, films, games and television programs.
What is it?
→ gives the creators of some types of media rights to control how they're used and distributed.
protects the owner of a creative work, including art work, books and computer programs from having it illegally copied and/or shared to other people (without acknowledgement and permission)
The punishment for breaking the legislation
The punishment for breaking this law is a maximum fine of £5,000 fine and/or six months of imprisonment.
Freedom of Information Act (2000)
What is it?
Provides the public access to information held by public authorities
members of the public can request information held by public bodies about their activities
public authorities are obliged to publish this data
Scenario where the law could be broken
Business, it could destroy the reputation or image of the company. Public authorities could also hold confidential or commercially sensitive information on the business.
How does it affect people on a daily basis?
Any information or business are shared with public authorities.
The punishment for breaking the legislation
There are no financial or custodial penalties for failure to provide information on request. But they face prison and fines.
Key
Act of Parliament
Scenario where the law could be broken
What is it?
Answer
The punishment for breaking the legislation
How does it affect people on a daily basis?