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Data Protection Act (1998)

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Legislation
in
ICT
Data Protection Act (1998)
•
What is the Data Protection Act (1998)
and why was it created?
• What are the eight principles of the Data
Protection Act?
• Data Protection Act: What rights do we have?
• What is an Information Commissioner, Data
Controller and Data Subject?
• Are there any exemptions to the Data
Protection Act?
Data Protection Act (1998)
What is it and why was it created?
The Data Protection Act was developed to give
protection and lay down the rules about how
personal data can be used.
It was created to protect individuals from
misuse of this data. It governs the collection
and processing of data by organisations and
the individual rights to access the data if they
wish.
Data Protection Act (1998)
What are the eight principles of it?
1. Data must be kept secure;
2. Data stored must be relevant;
3. Data stored must be kept no longer than necessary;
4. Data stored must be kept accurate and up-to-date;
5. Data must be obtained and processed lawfully;
6. Data must be processed within the data subject rights;
7. Data must be obtained and specified for lawful purposes;
8. Data must not be transferred to countries without adequate data
protection laws.
Data Protection Act (1998)
What rights do we have as data subjects?
• To be supplied with the 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 the law to gain compensation.
Data Protection Act (1998)
What is an Information Commissioner, Data Controller
and Data Subject?
Information Commissioner: Person who has
the power to enforce the Act.
Data Controller: Person or Company that
collects and keeps data about people.
Data Subject: Person who has data about
them stored outside their direct control.
Data Protection Act (1998)
Are there any exemptions to the Data Protection Act?
• 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 at
home e.g. birthday lists, address books.
Computer Misuse Act (1990)
•
What is the Computer Misuse Act (1990)
and why was it created?
• What are the three principles of the
Computer Misuse Act?
Computer Misuse Act (1990)
What is it and why was it created?
The Computer Misuse Act (1990) was
developed to cope with the problems of
computer hackers and viruses.
Hacker:
Unauthorised user
who attempts to or
gains access to an
information system
Virus: A virus is a
program written to
cause mischief or
damage to a
computer system.
Computer Misuse Act (1990)
What are the three principles of the Act?
1. It is illegal to access unauthorised data e.g.
Hacking.
2. It is illegal to access unauthorised data and
intend to do it again e.g. Blackmail and
fraud purposes.
3. It is illegal to access unauthorised data and
amend it e.g. Planting Viruses and deleting
files.
Copyright, Design and Patents
Act (1988)
• Introduced to protect people who have
created original pieces of work.
• Books, Music, Films, Games, Applications.
• 2 main purposes of the Act:
• To ensure people are rewarded for their
endeavours.
• To give protection to the copyright
holder if someone tries to steal their work.
Copyright, Design and Patents
Act (1988)
• The Act protects a wide range of work…
written and computer based.
• Includes:
• Copying Software;
• Copying or Downloading music;
• Copying images or photographs from the
Web;
• Copying text from web pages.
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