1. LEGAL IMPLICATION OF THE USE OF COMPUTER Lower Sixth Computing Lesson Prepared by: T.Fina

2. The legal implication of the use of the computers are: The data protection act 1984 The data protection act 1984 Exemptions from the act Exemptions from the act Copyright Copyright The computer misuse act 1990 The computer misuse act 1990

3. The Data Protection Act 1984 (1) In the 1970s and early 1980s, the number of institutions such as banks, hospitals, department stores and police forces which stored data about people on computers continued to increase. In the 1970s and early 1980s, the number of institutions such as banks, hospitals, department stores and police forces which stored data about people on computers continued to increase. Concern grew that an individual could be harmed by the existance of data that was inaccurate or misleading, and which could be transfereed to a third party without the knowledge or permission of the individual. Concern grew that an individual could be harmed by the existance of data that was inaccurate or misleading, and which could be transfereed to a third party without the knowledge or permission of the individual.

4. The data protection act 1984 (2) The data protection act is an attempt to protect individuals from misuse of data that is held about them on various computer systems. The data protection act is an attempt to protect individuals from misuse of data that is held about them on various computer systems. It contains 8 principles, summarised as followed: It contains 8 principles, summarised as followed: Personal data must: 1. be obtained and processed fairly and lawfully; 2. be held for specified purposes; 3. not be used for any reason incompatible with its original purpose; 4. be relevant and adequate; 5. be accurate and up-to-date; 6. not be kept longer than necessary; 7. be made available to the individual concerned and provision made for corrections; 8. be kept secure;

5. The data protection act 1984 (3) Personal data means any data relating to a living person who can be identified by it, for example by name. Personal data means any data relating to a living person who can be identified by it, for example by name. The act established the office of Registrar, whose duties include administering a public register of data users, investigating complaints and initiating prosecutions for breaches of the Act. The act established the office of Registrar, whose duties include administering a public register of data users, investigating complaints and initiating prosecutions for breaches of the Act. All data users have to register, giving: All data users have to register, giving: Their name and address Their name and address A description of the data held and its purposes A description of the data held and its purposes A description of the sources from which the data is obtained A description of the sources from which the data is obtained A description of the persons to whom it is intended to disclose data A description of the persons to whom it is intended to disclose data

6. Exemptions from the Act (1) The Act does not apply to payroll, pensions and accounts data, nor to names and addresses held for distribution purposes. The Act does not apply to payroll, pensions and accounts data, nor to names and addresses held for distribution purposes. Subjects do not have a right to access data if the sole aim of collecting it is for statistical or research purposes, or where it is simply for backup. Subjects do not have a right to access data if the sole aim of collecting it is for statistical or research purposes, or where it is simply for backup. Data can be disclosed to the data subject’s agent (e.g. lawyer or accountant), to persons working for the data user, and in response to urgent need to prevent injury or damage to health. Data can be disclosed to the data subject’s agent (e.g. lawyer or accountant), to persons working for the data user, and in response to urgent need to prevent injury or damage to health.

7. Exemptions from the Act (2) In addition, there are exemptions for special categories, including data held: In addition, there are exemptions for special categories, including data held: In connection with national security; In connection with national security; For prevention of crime; For prevention of crime; For the collection of tax or duty. For the collection of tax or duty.

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

9. The computer misuse act 1990 This Act was passed in response to the growing threat to computer systems of hacking and viruses. This Act was passed in response to the growing threat to computer systems of hacking and viruses. A virus is a computer program which is able to copy itself without the user intending it, and usually without being noticed, until it causes some damage such as corrupting or deleting files or directory entries. A virus is a computer program which is able to copy itself without the user intending it, and usually without being noticed, until it causes some damage such as corrupting or deleting files or directory 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. programs and data). Unauthorised modification of computer material (i.e. programs and data).