ICT Acts and Legislation

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what year was the data protection act passed?
1998
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why was the data protection act developed?
to give protection and lay down rules about how data about people can be used
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What does the data protection act cover?
information or data stored on a computer or an organised paper filing system about living people.
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who is the Information Commissioner?
the person who has powers to enforce the Act.
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who is the data controller?
a person or company that collects and keeps data about people.
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who is the data subject?
someone who has data about them stored somewhere, outside of their direct control. This makes us all data subjects.
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where must an organization apply to be able to store data?
with the Information Commissioner.
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What are some examples of personal data?
their name, address, medical details, banking details
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What are some examples of sensitive data?
racial or ethnic origin, political opinions, religion, membership of a trade union, health, sex life, criminal activity
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how many principles of data protection are there?
8
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what is the first principle of data protection?
data must be collected and used fairly and inside the law
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what is the second principle of data protection?
data must only be held and used for the reasons given to the Information Commissioner.
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what is the third principle of data protection?
data can only be used for those registered purposes and only be disclosed to those people mentioned in the register entry. You cannot give it away or sell it unless you said you would to begin with.
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what is the fourth principle of data protection?
The information held must be adequate, relevant and not excessive when compared with the purpose stated in the register. So you must have enough detail but not too much for the job that you are doing with the data
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what is the fifth principle of data protection?
data must be accurate and be kept up to date. There is a duty to keep it up to date, for example to change an address when people move.
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what is the sixth principle of data protection?
must not be kept longer than is necessary for the registered purpose. It is alright to keep information for certain lengths of time but not indefinitely.
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what is the seventh principle of data protection?
The information must be kept safe and secure. This includes keeping the information backed up and away from any unauthorised access. It would be wrong to leave personal data open to be viewed by just anyone.
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what is the eighth principle of data protection?
The files may not be transferred outside of the European Economic Area unless the country that the data is being sent to has a suitable data protection law.
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describe the right of subject access
A data subject has a right to be supplied by a data controller with the personal data held about him or her. The data controller can charge for this
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describe the right of correction
A data subject may force a data controller to correct any mistakes in the data held about them.
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describe the right to prevent distress
A data subject may prevent the use of information if it would be likely to cause them distress.
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describe the right to prevent direct marketing
A data subject may stop their data being used in attempts to sell them things
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describe the right to prevent automatic decisions
A data subject may specify that they do not want a data user to make "automated" decisions about them where, through points scoring, a computer decides on, for example, a loan application.
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describe the right of complaint to the Information Commissioner
A data subject can ask for the use of their personal data to be reviewed by the Information Commissioner who can enforce a ruling using the DPA. The Commissioner may inspect a controller's computers to help in the investigation.
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describe the right to compensation
The data subject is entitled to use the law to get compensation for damage caused if personal data about them is inaccurate, lost, or disclosed.
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What types of Exemptions are there from 1998 DPA
complete or partial
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What would qualify someone for a complete exemption from the 1998 DPA
Any personal data that is held for a national security reason is not covered. Personal data held for domestic purposes only at home.
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what would qualify someone for a partial exemption from the 1998 DPA?
doctors to keep information from patients if they think it is in their best interests. A school pupil has no right to exam results before publication. for statistical, historical or research purposes.
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What are types of computer misuse?
Hacking, Data misuse and unauthorised transfer or copying, Copying and distributing copyrighted software, Email and chat room abuses, Pornography, Identity and financial abuses, Viruses,
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what is hacking?
Hacking is where an unauthorised person uses a network, internet or modem connection to gain access past security passwords or other security to see data stored on another computer.
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what types of data cannot be copied without copyright holders permission?
Personal data, company research and written work, such as novels and textbooks
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what comes under Copying and distributing copyrighted software?
copying music and movies with computer equipment and distributing it on the internet without the copyright holder's permission.
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what is included in Identity and financial abuses?
misuse of stolen or fictional credit card numbers to obtain goods or services on the internet, and use of computers in financial frauds.
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what are viruses?
Viruses are relatively simple programs written by people and designed to cause nuisance or damage to computers or their files
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what year was the computer misuse act passed?
1990
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how many new offences came with the computer misuse act?
three
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what is the first offence of the computer misuse act?
accessing computer material without permission, eg looking at someone else's files
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what is the second offence of the computer misuse act?
accessing computer material without permission with intent to commit further criminal offences, eg hacking into the bank's computer and wanting to increase the amount in your account
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what is the third offence of the computer misuse act?
altering computer data without permission, eg writing a virus to destroy someone else's data, or actually changing the money in an account
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What is a reason for a chat room being closed?
abuses, especially where children are vulnerable. giving out of personal contact details or arrangeing meetings .
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how can you reduce E-mail spamming?
never replying to anonymous emails, setting filters on email accounts, reporting spammers to ISPs, governments passing laws to punish persistent spammers with heavy fines
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What does copyright law forbid you from doing?
giving a copy of a software to a friend, making a copy and then selling it, using the software on a network (unless the licence allows it), renting the software without the permission of the copyright holder
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what is the law that governs copyright in the UK called
the Copyright, Designs and Patents Act 1988.
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Describe one way in which the software industry prevents people from copying software illegally?
The software industry has set up an organisation called FAST to try to prevent users from breaking copyright law. Offenders can be prosecuted and sent to prison if caught.
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Other cards in this set

Card 2

Front

why was the data protection act developed?

Back

to give protection and lay down rules about how data about people can be used

Card 3

Front

What does the data protection act cover?

Back

Preview of the front of card 3

Card 4

Front

who is the Information Commissioner?

Back

Preview of the front of card 4

Card 5

Front

who is the data controller?

Back

Preview of the front of card 5
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