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Current Legislation For Data - Coggle Diagram
Current Legislation For Data
Computer Misuse Act
1990
Covered hacking and spreading viruses, can be punished for attempt of hacking even if you are not successful
Also don't need malicious intent, if you gain access to a system and do nothing you can still be punished
3 original crimes covered by this act
Unauthorized access with intent to commit or facilitate the commission of further offences, e.g. data obtained to blackmail. 5 years prison and/or fine
Unauthorised acts with intent to impair, or with recklessness as to impairing the operation of a computer. 10 years prison and/or large fine.
Unauthorized access to computer material. up to 2 years prison and/or a large fine
inc Police and Justice Act 2006.
Extended computer misuse act, added 2 years to offence 1 was 6 months and offence 3 covers DoS attacks.
3a. Making, supplying or obtaining anything which can be used on offences, e.g. making malware can be punished for 2 years prison and/or fine
Copyright, Designs and Patents Act 1988
Protect the creators or original works by giving them the right to control how these original works are used
Punishment is usually limited to paying damages back to the copyright holder as well handing over profits. Extreme cases have imprisonment for 10 years
Copyright Regulations (Software) 1992
Implemented to extend the copyright act. Ensure software is also covered.
If a business were to use illegally copied software then the organization's board of directors would be liable for damages
GDPR
2018 (Data protection act) (General Data Protection Regulations)
To keep people's personal data safe and secure and prevent its misuse
Lawfulness, fairness and transparency:
You must have legitimate grounds for collecting and using the data and do not use it in any way the individual would not reasonably expect, have adverse effects on them or in an unlawful activity
Purpose limitation:
You must be clear from the start as to why the data is being gathered and if you wish to use data for another purpose ensure it is fair
Data minimization:
You must ensure the data is sufficient for the purpose you gathered it and no additional information is held that you don't need for that purpose
Accuracy:
Ensure accuracy, source of data is clear and data should be updated if necessary
Storage limitation:
Must review how long data must be kept for its purposes and securely delete data that is no longer needed or out of date
Integrity and confidentiality:
Must be clear on who is responsible for ensuring data security, implement effective security tools and techniques and respond to breaches quickly
Accountability: Must be able to demonstrate your compliance with the law
Right to be informed
Right of access
Right to rectification
(update data where incorrect)
Right of erasure
Right to restrict processing
Right to data portability
(can copy for own purposes)
**
Right to object
(stop data being used for certain reasons
)
Right over automated decision making
(can request reasons)
Organisations have a mibth to respond to requests etc, restrictions on international transfer, has to be a country with good legislation, enforced gy ICO
Max fine is 20 million Euros or 4% of a business's annual turnover