Legal issues
- Created by: Jasmin
- Created on: 31-05-13 14:05
Data Protection Act 1998
Problems with organisations holding personal data:
- personal data might be wrong, means wrong decisions could be made
- organisation may not take care of the personal data it holds so others may find out about it
Examples of the effect of wrong information:
- medical details could be wrong, so wrong treatement
- wrong decisions may be made - refused a loan
- wrong exam results affect getting a job
DATA PROTECTION ACT 1998: a law that restricts the way personal info is stored and processed on a computer
Data subject: the person the personal data is about
Data holder/controller: the person in the organisation who is responsible for the personal data held, responsible for making sure that the organisation meets all the requirements of the DPA
Continued
The DPA protects individuals by placing obligations on the organisations who collect and process the data in the following ways:
- registration/notification - requires anyone who uses personal data to register with the Information Commissioner, who is the person who is in charge of the Act/Law. They must say what data they intend to hold and what they intend to do with it
- individuals can see their own personal data - anyone can apply to see the personal data held by them, organisations have to show it and if there is any wrong info it must be changed
- data must be kep secure and up-to-date - data subjects can sue an organisaion that does not keep their personal data secure
- the right for a person to claim compensation - if data is processed unlawfully by an organisation then the person can take them to court and claim compensation
Continued
DPA principles:
Personal data should be:
1. processed fairly and unlawfully
2. obtained only for specified purposes
3. adequate, relevant and not excessive
4. accurate and kept up-to-date
5. not kept any longer than is necessary
6. processed in accordance with the rights of the data subject
7. kept secure
8. not transferred to a country outside the EU unless they have a comparable data protection law
Continued
Exemptions from the DPA:
- when data is used for personal, family, household affairs
- data is being used for preparing the text of documents
- data is used for producing accounts, wages and pensions
- data is used for mail shots
- data is used by a sports or recreational club that is not a limited company
- data is used for prevention and detection of crimes
- data is used for catching and prosecuting offenders
- collecting taxes or duty
- medical records or social worker reports
Personal data guardianship code: code that enable organisations and the people who work in them who handle personal data to understand their individuals responsibilities
- Accountability - must be clear management responsibility
- Visibility - data subjects must have the right to access their personal data and have it corrected if wrong
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- Consent - use of personal data has to be fair and lawful
- Access - everyone should have the right to know the roles and groups of people within an organisation who have access to their personal data
- Stewardship - organisations collecting personal data should protect it
- Responsibilities - must be clear who is responsible for the protection of all personal data collected
Physical methods to prevent unauthorised access to computer systems:
- Locks - if entry to building and computer rooms is restricted it is easier to secure the computers. Rooms should be locked with keywords, swipe cards and biometric methods
- Clamps - attach the computers to the desk
- Alarms - burgular alarms
- Surveillance - CCTV cameras positioned around the buildings and inside computer rooms
- Location - not ground floor where equipment can be seen by passers by and easily stolen
The Computer Misuse Act 1990 and copyright law
Purpose of the Computer Misuse Act 1990:
passed to deal with a number of misuses as the use of computers became widespread
Makes it an offence to:
- deliberately plant or transfer viruses to a computer system to cause damage to porgrams/data
- use an organisations computers to carry out unauthorised work
- hack into someone elses computer system with a view to seeing the information or altering it
- use computers to commit various frauds
Hacking: process of deliberately attempting to or actually gaining access to an ICT system without permission.
Protection against hacking:
FIREWALLS: software, hardware or both used to filter out unauthorised requests from outside users to gain access to a network. Keeps hackers out. Filter data so that only allowable data is allowed into a system
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INTRUSION DETECTION: hardware or software that is used to detect unwanted attempts at accessing a computer system
Computer viruses: program that replicates itself automatically and usually carries with it some payload that may cause damage. They can:
- display annoying messages on the screen
- delete programs or data
- use up resources, making computer run slowly
- spy on your online use e.g, usernames and passwords
what can be done to help prevent a virus attack?
- install virus checking software
- perfrom virus scans regularly
- do not open file attachments to emails useless you know who they are from
- train staff on problems caused by viruses
- do not allow staff to attach portable devices into computer unless scanned first
- do not allow employees to download on computers
Continued
Copyright Law:
The Copyright, Designs and Patents Act 1988 protects intellectual property being copied e.g,
- software
- text
- hardware
- books and manuals
- images on websites
actions that are illegal:
- copying software and music illegally
- copying images or text without permission
- sharing digital music illegally
- running more copies of software than is allowed
Avoiding plagiarism: plagiarism is passing off someone elses work as your own. In order to avoid:
- put in own words or acknowledge the source by stating data and name of author
Continued
Moral and ethical implications of illegal downloads and file sharing:
- agains the law and a crime
- theft
- money from illegal copying is bad as usually used for drugs etc.
- not everyone who produces copyrihgt material is wealthy and may rely on this as an income
ISP denying service: if caught illegally downloading music, video and other files ISP could deny facility of connecting to Internet
Health and safety issues at work
Potential health hazards when using computers:
- Repetitive strain injury (RSI) - caused by tying high speed or using mouse for a long time, painful illness that causes swelling of joints and similar to arthiritis
- eye strain - looking at the screen all day, have to wear glasses or contact lenses, blurred vision, headaches
- back ache - prevents sleeping properly and doing activities
- stress - situations that cause stress such as losing work, getting a virus, unable to connect to Internet, can cause depression and mental illness
Methods of preventing or reducing the risks of health hazards:
BACKACHE: caused by:
- not sitting straight in chair
- using laptop on knee for long periods
- working in cramped conditions
Prevent by: using adjustable chair, make sure suitable height of chair, use a footrest, sit up straight with feet on floor, make sure screen is lined up and tilted at appropriate angle
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RSI: cause by:
- typing at high speed
- use mouse for long
- not adopting correct posture for mouse and keyboard
- not having properly arranged equipment
prevent by:
- adjust chair to correct position
- make sure enough space to work comfortably
- use document holder
- use wrist rest
- keep wrists straight when typing
- learn how to type properly
EYE STRAIN: cause by:
- using screen for long times
Continued
- dirt on screen
- glare on screen
- working without best lighting conditions
prevent by:
- keep screen clean
- use appropriate lighting
- use blinds to avoid glare
- have regular eye tests
STRESS caused by:
- pace of work
- worry about using new technology - older people
- software is frustrating
- losing work, viruses
Prevent by:
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- help desk to help with user problems
- train users fully
- ensure all software is checked
- design software so easy to use
- take regular breaks
Safety issues:
- excessive heat/temperatures: AC
- management of elctrical systems/computers: could cause fire if overload, should be wired specially
- cables need to be managed: two types of cables, electrical which carry the power to the components of computer systems and network cables which carry data around, trailing wires, tripping hazard
- any malfunctioning equipment should be reported
- lighting - reduce glare on screen
- sunlight - glare, blinds
- fire prevention - fire extinguishers, smoke detectors
- food drink away from computer
Continued
- UPS (uninterruptible power supplies) and surge protectors should be used - power failure dangerous
- surges in power dangerous
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