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Legalities of ICT
Data protection act (1998)
Set up to provide individuals with protection from organisations. It limits data
held by organisations to only have what they need.
Personal data- data that relates to a living, identifiable individual.
Data- anything that is held and said to be part of a record. Covers both
manual and computer data. Also, anything that is stored and processed by a
Processing- obtaining, recording and holding information or data. Covers any
operation preformed on it such as, organising, changing, retrieving and using
it in some way.
People mentioned in the DPA
Data subject- living, identifiable human about whom the data is being held.
Data controller- individual within a company who is in charge of making sure
all parts of the DPA is complied with
Data processor- any person who processes data on behalf of the data
controller. This is for companies that hire third parties to process data for
Recipient- individuals who are given data in order to do something with it.
Third party- person who receives data for processing. A company may need
to pass on its data to certain people so it can do its job.
Information commissioner- individual who is in charge of ensuring the DPA
is being adhered to by giving advice, running training sessions and
Individuals' rights from the DPA
Right to subject access- allowed to see what information is being held about
you by the company.
Right to prevent processing likely to cause damage or distress- if you think
the processing can cause damage to you, you can ask the company to stop.
The level of damage has to be very high.
Right to prevent processing for the purposes of direct marketing- direct
marketing is mail that is sent to you advertising goods and services; you can
be asked that this will stop.
Rights in relation to automated decision making- some decisions are made by
computer such as credit checks, a decision can be made weather you can
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Right to compensation if damage and distress is suffered by the act being
contravened- if you can prove the data controller didn't follow the
requirements of the act, and as a result you have suffered damage or
distress you are entitled to compensation.
Right to rectify, block or erase incorrect data- if the data held is wrong
you can change it.
Main aspects of the DPA
1. data must be processed fairly and lawfully
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When people download illegal copies of CD's they think that it won't matter
as no one can see them doing it and it won't make much of a difference
anyway, it's no different from stealing from a shop.
The regulation of Investigatory Powers Act (2000)
Introduce to address the concerns over the use and misuse of communication
interception techniques by public and private organisations.
Allows for the lawful interception of postal, telecommunications and digital
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Facilitation of electronic commerce, data storage- recognises digital
signatures, which are now recognisable by law.
Contracts that are signed over the internet have same legality as that
signed by hand- increases security and allows people to engage in
e-commerce and the contracts entered to have legal backing.
The legislation in place to remove laws that prevented digital signatures
being accepted takes a long time in practice.
Security issues- signatures can be hijacked and faked.…read more