ICT Legislation

  • Created by: Isabel N
  • Created on: 10-05-16 12:07

Computer Misuse Act (1990)

This act was developed to deal with problems posed by computer hackers and viruses.

A hacker is an unauthorised user who attempts to or gains access to an information system

A virus is a program written to cause damage to a computer system

It states:

  • It is illegal to access unauthorised data e.g. hacking
  • It is illegal to access unauthorised information and intend to do it again
  • It is illegal to access unauthorised data and change it.

It deals with:

  • Hacking - penalty is a maximum fine of £2000 and a six month prison sentance
  • Computer fraud and blackmail - penalty can be a fine of any amount and maximum five year prison sentance
  • Viruses - the penalty is an unlimited fine and a maximum five year prison sentance.
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Data Protection Act (1998) 1/2

Developed to protect individuals from misuse of data, and ensures that companies that hold our data use and store it responsibly.

It states:

  • Data should be kept secure
  • Data stored must be relevant
  • Data stored must not be kept longer than necessary
  • Data stored must be kept accurate and up to date
  • Data must be obtained and processed lawfully
  • Data must be processed within the subject data rights
  • Data must be obtained and specified for lawful purposes
  • Data must not be transferred to countries without adequate protection laws.

Information Commissioner: Person with power to enforce the act

Data Controller: Person/Company that collects and keeps data about people

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Data Protection Act (1998) 2/2

Data Subject: A person who has data stored about them outside their direct control

Our rights as data subjects:

  • To be supplied with data held about us
  • To change incorrect data
  • To prevent data being used about us if it will cause distress
  • To stop data being used in attempts to sell us something
  • To use law to gain compensation

There are some exceptions:

  • Any data held for National Security Reasons e.g. MI5
  • Police can access personal information in order to solve crimes
  • The taxman can access personal information to ensure people pay their tax
  • Any data held for domestic purposes e.g. birthday lists, address book
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Copyrights and Patents Act (1998)

Developed to protect people's original creations e.g. books, music films, games, apps

Does not include logos or strapline,s but these are protected by trademark laws

Purposes of Act:

  • To ensure people are rewarded for their endeavours
  • To give protection to the copyright holder if someone tries to steal their work

This means people cannot distribute, use or publish other people's work without the permission of the copyright holder. However, this can be done with the Fair Use Act

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