LEGAL IMPLICATION OF LEGAL IMPLICATION OF THE USE OF COMPUTERTHE USE OF COMPUTER

Lower Sixth Computing LessonLower Sixth Computing LessonPrepared by: T.FinaPrepared by: T.Fina

The legal implication of the The legal implication of the use of the computers are:use of the computers are: The data protection act 1984The data protection act 1984 Exemptions from the actExemptions from the act CopyrightCopyright The computer misuse act 1990The computer misuse act 1990

The Data Protection Act 1984 The Data Protection Act 1984 (1)(1) In the 1970s and early 1980s, the number In the 1970s and early 1980s, the number

of institutions such as banks, hospitals, of institutions such as banks, hospitals, department stores and police forces which department stores and police forces which stored data about people on computers stored data about people on computers continued to increase.continued to increase.

Concern grew that an individual could be Concern grew that an individual could be harmed by the existance of data that was harmed by the existance of data that was inaccurate or misleading, and which could inaccurate or misleading, and which could be transfereed to a third party without the be transfereed to a third party without the knowledge or permission of the individual.knowledge or permission of the individual.

The data protection act 1984 The data protection act 1984 (2)(2) The data protection act is an attempt to protect The data protection act is an attempt to protect

individuals from misuse of data that is held about individuals from misuse of data that is held about them on various computer systems. them on various computer systems.

It contains 8 principles, summarised as followed:It contains 8 principles, summarised as followed:Personal data must:Personal data must:1. be obtained and processed fairly and lawfully;1. be obtained and processed fairly and lawfully;2. be held for specified purposes;2. be held for specified purposes;3. not be used for any reason incompatible with its 3. not be used for any reason incompatible with its original purpose;original purpose;4. be relevant and adequate;4. be relevant and adequate;5. be accurate and up-to-date;5. be accurate and up-to-date;6. not be kept longer than necessary;6. not be kept longer than necessary;7. be made available to the individual concerned 7. be made available to the individual concerned and provision made for corrections;and provision made for corrections;8. be kept secure;8. be kept secure;

The data protection act 1984 The data protection act 1984 (3)(3) Personal data means any data relating to a living Personal data means any data relating to a living

person who can be identified by it, for example by person who can be identified by it, for example by name.name.

The act established the office of Registrar, whose The act established the office of Registrar, whose duties include administering a public register of data duties include administering a public register of data users, investigating complaints and initiating users, investigating complaints and initiating prosecutions for breaches of the Act.prosecutions for breaches of the Act.

All data users have to register, giving:All data users have to register, giving: Their name and addressTheir name and address A description of the data held and its purposesA description of the data held and its purposes A description of the sources from which the data is A description of the sources from which the data is

obtainedobtained A description of the persons to whom it is intended to A description of the persons to whom it is intended to

disclose datadisclose data

Exemptions from the ActExemptions from the Act(1)(1) The Act does not apply to payroll, pensions The Act does not apply to payroll, pensions

and accounts data, nor to names and and accounts data, nor to names and addresses held for distribution purposes.addresses held for distribution purposes.

Subjects do not have a right to access data Subjects do not have a right to access data if the sole aim of collecting it is for if the sole aim of collecting it is for statistical or research purposes, or where it statistical or research purposes, or where it is simply for backup.is simply for backup.

Data can be disclosed to the data subject’s Data can be disclosed to the data subject’s agent (e.g. lawyer or accountant), to agent (e.g. lawyer or accountant), to persons working for the data user, and in persons working for the data user, and in response to urgent need to prevent injury response to urgent need to prevent injury or damage to health.or damage to health.

Exemptions from the ActExemptions from the Act(2)(2) In addition, there are In addition, there are

exemptions for special exemptions for special categories, including data held:categories, including data held: In connection with national In connection with national

security;security; For prevention of crime;For prevention of crime; For the collection of tax or duty.For the collection of tax or duty.

CopyrightCopyright

Computer software is covered by the Computer software is covered by the Copyright, Designs and Patents Act 1988. Copyright, Designs and Patents Act 1988. For the purposes of the Act, a computer For the purposes of the Act, a computer program is a literary work, and copyright is program is a literary work, and copyright is infringed if it is ‘stored or adapted’ without infringed if it is ‘stored or adapted’ without permission.permission.

This means it is illegal to:This means it is illegal to: Copy software;Copy software; Run pirated software;Run pirated software; Transmit software over a telecommunications Transmit software over a telecommunications

lines, thereby creating a copy.lines, thereby creating a copy.

The computer misuse act The computer misuse act 19901990 This Act was passed in response to the growing This Act was passed in response to the growing

threat to computer systems of hacking and viruses.threat to computer systems of hacking and viruses. A virus is a computer program which is able to copy A virus is a computer program which is able to copy

itself without the user intending it, and usually itself without the user intending it, and usually without being noticed, until it causes some damage without being noticed, until it causes some damage such as corrupting or deleting files or directory such as corrupting or deleting files or directory entries.entries.

The Act created 3 new offences:The Act created 3 new offences: Unauthorised access to computer programs or data;Unauthorised access to computer programs or data; Unauthorised access with a further criminal intent;Unauthorised access with a further criminal intent; Unauthorised modification of computer material (i.e. Unauthorised modification of computer material (i.e.

programs and data).programs and data).