Legal Implications of ICT

In this section will look at: Legal Implications of ICT: ☼ Data Protection Act 1998 ◦ The 8 Principles, ◦ The Data Subject ◦ The Data Controller ☼ The Computer Misuse Act 1990 ☼ Copyright Designs and Patents Act 1988 ☼ Health and Safety at Work Regulations

Legal Implications of ICT It wasn’t until computers started to become a major part of industry and business that new laws had to be introduced. The laws we will look at are fairly new and had to be introduced to protect people who use computers as well as creating new laws to charge criminals with.

Legal Implications of ICT Data Protection Act 1998 This act was introduced to protect individual’s personal data collected and stored on manual and computer systems. It was to ensure data was accurate, up to date and correct. Data that is incorrect could have serious consequences for the individual and could have an adverse affect on their personal life.

Legal Implications of ICT Data Protection Act 1998 The People: Data Controller – the people who store the data. Data Subject – the person who has their data stored on the computer. Information Commissioner – this is who the data controllers must register with to get permission to store the data.

Legal Implications of ICT Data Protection Act 1998 The 8 Principles of the Act are: Personal Data shall be processed fairly and lawfully Personal Data shall be obtained lawfully Personal Data shall be adequate, relevant and not excessive for the purpose required. Personal Data shall be accurate and up to date Personal Data shall be not be kept for longer than necessary Personal Data shall be processed in accordance with the rights of the data subjects Personal Data shall not be transferred to a country outside Europe. Appropriate actions shall be taken against unauthorised or unlawful loss, damage or processing of the data.

Legal Implications of ICT Data Protection Act 1998 The Data Subject has the right to: See their own personal data. Prevent processing likely to cause damage or distress. Prevent processing for the purposes of junk mail. Seek compensation for damage or distress caused. Correct, delete or destroy inaccurate data. Have their complaint investigated by the Commissioner if they believe the Act has been broken.

Legal Implications of ICT Data Protection Act 1998 There are some exceptions to the rights: Detection and prevention of crime Prosecution of offenders Collection of taxes and duties Safeguarding national security Health, education and social work.

Legal Implications of ICT Computer Misuse Act 1990 Because of the rising number of computer crimes this act was introduced. This law makes it illegal to: 1. Access computer material without permission – i.e. looking at someone else's files 2. Access computer material with permission but with the intent to commit further criminal offices – If you are interested Google ‘Gary McKinnon’ to read about a real life hacker. 3. Write and sending a virus to destroy or damage computer data.

Legal Implications of ICT Copyright, Designs & Patents Act 1988 Most published materials is protected by this act. This means you cannot copy and sell material that has been copyrighted. This would cover: © Text © Images © Video © Music © Software

Legal Implications of ICT Copyright, Designs & Patents Act 1988 However there is a clause that allows individuals to make a single photocopy for research or private study if it is only: © One article from a journal © One chapter or 5% of a whole book, report or pamphlet.

Legal Implications of ICT Copyright, Designs & Patents Act 1988 Software is also covered under this act. When you purchase a game for example, you are only buying the licence to allow you to use the software, you never own the actual software itself. If you use the software or install it onto your computer without a licence then you are breaking the law by infringing the software copyright. You are also not allowed to copy images or text from the internet if it is copyrighted. If you wished to use it you would need to ask for the owners permission. The punishment for this is up to 2 years in prison and a fine.

Legal Implications of ICT Copyright, Designs & Patents Act 1988 Types of Software Commercial Software: This is bought on-line or in shop like PC World. You are purchasing the licence to use the software. Shareware Software : This is software that can be used without paying for it for up to 30 days. After this date if you still wish to use it you must pay for the licence, if not you must remove it from your computer. Freeware: Is software that can be copied and used without ever having to pay for it. You do not need to buy a licence. FACT: The Federation Against Copyright Theft works on behalf of writers to stop copyright theft and prosecutes offenders.

Legal Implications of ICT Health & Safety at Work Regulations Health and safety at work is a very large topic but for ICT we will focus on:  Seating  Lighting  Repetitive Strain Injury  Eye Strain  Radiation

Legal Implications of ICT Health & Safety at Work Regulations Health and safety at work is a very large topic but for ICT we will focus on:  Seating This means seats should be adjustable and give plenty of support to the back. There should be a foot rest and forearms should be horizontal to the floor.  Lighting Monitors should be positioned so there is no glare from the window or from fluorescent lights.

Legal Implications of ICT Health & Safety at Work Regulations  Repetitive Strain Injury RSI is a medical condition and affects nerves, tendons and muscles in the wrists or arms. It is due to back posture and continually r repeating the same actions, for example typing for hours at a keyboard without a rest. Stretches, short breaks and a well designed workplace can prevent or halt this disorder.

Legal Implications of ICT Health & Safety at Work Regulations Eye Strain This is caused when you stare at something for too long, this can be the television or a computer screen. Regular rests, looking at a distant object, keeping glare to a minimum and blinking frequently can help to alleviate the symptoms.  Radiation Computers give our radiation and this can come from the screen or the back of the computer. Modern computers have very low radiation and there are not so many concerns as in the past.

In this section we have looked at: Legal Implications of ICT: Data Protection Act 1998 The 8 Principles The Data Subject The Data Controller The Computer Misuse Act 1990 Copyright Designs and Patents Act 1988 Health and Safety at Work Regulations