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Legislation, 8 principles - only need to know 4 - Coggle Diagram
Legislation
Intellectual property
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written work e.g. poems, books etc
images e.g. drawings, works of art, photographs
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moving image e.g. films, TV programmes
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Who needs to register
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They have to disclose what type of data they are collecting, and why they are collecting it.
Even small organisations like a local football club must register if they keep records such as names, phone numbers etc.
GPDR 2018
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New issues about personal data have arisen since then - how it is collected, stored and shared.
The GDPR is a European Union based law which is an update of the DPA: it includes some new rights for data subjects .
Types of offences
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Create, supply or install malware
DPA 1998
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Provides a set of rules about how personal and sensitive data can be collected, stored and used by organisations and government bodies.
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Exemptions under the DPA
If data is required to safeguard national security then the government doesn’t have to disclose the data they are storing.
If data is being collected or used to help prevent or solve a crime, then that doesn’t come under the DPA
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Exemptions
Fair dealing - You are allowed to use copyrighted material for certain purposes e,g, education, news, criticising or commenting, comedy and parody.
But you must only use part of the work, add new meaning and not make any money from it.
When copyright has expired - Copyright lengths vary from country to country, but the most common length (and the one used in the UK) is 70 years after the author's death.
The creative work is in the public domain - The term “public domain” refers to creative materials that are not protected by intellectual property laws. The public owns these works, not an individual author or artist.
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DPA 2018
DPA combines 2 rules:
- The Data Protection Act 1998 (DPA - UK legislation)
- General Data Protection Regulation 2018 (GDPR - EU legislation that has been integrated into UK law)
Sensitive data
It includes protected characteristics, such as:
political opinions, race, sexual orientation, religious beliefs, physical and mental health conditions
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Data controllers
An organisation that holds personal data about people e.g banks, schools, hospitals
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Personal data
Any information which relates to a living person that could be used to identify them:
Name, home address, email address etc
Patents
Patents apply to inventions. Patents are not automatic - you have to apply for a patent and get it approved before you can stop someone else using your invention.
Offences under the CDPA
It is an offence to copy, distribute or make changes to intellectual property without the permission of the author. You often have to pay to gain the author’s permission.
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Copyright
Copyright applies to creative work. It is automatic. You do not have to say that a piece of creative work is copyrighted - it always is!
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