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ICT and Legislation New legislation (laws) has been passed to deal with issues that have arisen through the use of ICT Problems that Require Regulation Fraud – possible availability of personal details/bank details online

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ICT and Legislation

New legislation (laws) has been passed to deal with issues that have arisen through the use of ICT


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Problems that Require Regulation

  • Fraud – possible availability of personal details/bank details online

  • Misuse of personal information – information can be shared/transferred easily

  • Intrusions – Spam, cookies

  • Computer Viruses

  • Health and Safety Issues


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Data Protection Act (1998): Why does it exist?

Computers have become more advanced and more readily available.

Companies, government and other organisations started to store their data about people in databases. (many advantages over paper records)

Concerns arose that data could be:

  • Easily copied

  • Easily changed

  • Seen by the wrong people/agencies

  • Inaccurate

  • Kept without permission (possible to build up detailed files on people)


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Data Protection Act: What are its main principles?

Organisations must ensure that all personal data kept is:

  • Processed fairly and lawfully

  • Obtained only for specified and lawful purposes

  • Adequate relevant and not excessive for the purpose

  • Accurate and up to date

  • Kept no longer than necessary

  • Processed in accordance with the rights of the data subject

  • Protected against unauthorised or unlawful processing, and against accidental loss or destruction

  • Not transferred outside of the European economic area unless adequate level of protection ensured.


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Computer Misuse Act (1990) Why does it exist?

As use of the Internet and Local Area Networks has become more popular it becomes easier for people to:

  • Deliberately plant or distribute computer programs that are created with the intention of damaging files or data (viruses)

  • Access and retrieve information that does not belong to them.


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Computer Misuse Act: What does it cover?

  • Deliberately planting or creating computer viruses

  • Copying computer programmes illegally (software piracy)

  • Hacking into someone else's computer system to see or alter information held.

  • Using computers to commit certain frauds.


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Copyright, Designs and Patents Act (1989)

  • Makes it a criminal offence to copy/steal software

  • Protects money made by software developer

  • Makes it an offence to use a piece of software beyond the terms of the licence (a licence for 40 users must not be used on 50 computers)

    licences often allow for the fact that you may want to run the same software on a desktop computer and a laptop for the same user.


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Health and Safety at Work Act (1974)

Ensures that employers make their workers aware of safety issues and provide them with a safe environment to work in.

  • Electrical safety – sockets must not be overloaded to prevent fire risk

  • Electrical wires and any other obstacles must be positioned so that people cannot trip over them.

  • Quantities of paper must be kept to minimum for fire safety.

  • Fire doors must be kept clear and shut.

  • Any lifting must be done properly to avoid back injury.


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Health and safety regulations (1992)

This covers any health problems that may be caused by the use of a computer and VDU (Visual Display Unit or Monitor)

Problems include:

  • Eyestrain

  • Stress

  • Backache or joint ache and RSI (Repetitive Strain Injury)


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Health and safety regulations (1992)

Employers are required by law to:

  • Inspect terminal/workstation and work area to identify and eliminate any risks.

  • Plan work so that there is opportunity for changes in activity or breaks.

  • Arrange eye tests and provide glasses if required

  • Provide health and safety training for employees.


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Regulation of Investigatory Powers Act (2000)

Gives police/MI5/Customs and Excise the right to intercept communication in order to prevent and investigate crime or protect national security.

  • Telecommunication companies can be ordered to intercept communications (Emails/mobile phone communication/telephone calls etc)

  • Everyone can be targeted in the hope that illegal activity will be exposed

  • Any persons internet use can be monitored for any purpose

  • A demand can be made for the key to encrypted data so that nothing can be hidden.


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Internet Code of Practice

  • This is a set of guidelines rather than a law.

  • Because the Internet is not owned by any person or organisation it is not well regulated.

  • The Internet Code of Practise (ICOP) is often changed to adapt to the way that internet use has evolved.

  • ISPs, owners of websites and anyone with internet access need to follow the guidelines

SPAM


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Internet Code of Practice: What are the Main Principles?

  • Only suitable material is to be found on children's sites

  • Prior warnings should be there for any possibly offensive material

  • Checks on links to other sites should be made

  • Advertising must be honest and extra charges (VAT) made clear

  • large files should be compressed to reduce download time

  • personal details should not be disclosed

  • That Email should not be used for hoaxes, chain letters or SPAM

  • Internet Service Providers should enforce the ICOP with their subscribers.


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Some Impacts/Implications of these laws and Guidelines

  • There has been a low number of prosecutions under Computer Misuse Act due to the fact that:

  • Companies are not keen to report breaches as this is bad publicity for them.

  • Computer crime is difficult to detect/investigate with the available police resources.

  • There is concern that the government has to much power due to Investigatory Power regulations and technology makes it easier for privacy to be invaded. For example mobile phone use can give a persons location.

  • Federation Against Software Theft was set up in 1984


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News Stories and Other Links

Ian Huntley’s criminal record and data protection

http://news.bbc.co.uk/1/hi/uk/3518495.stm

http://news.bbc.co.uk/1/hi/uk/3496921.stm

Music piracy online/NAPSTER

http://news.bbc.co.uk/1/hi/entertainment/music/3498651.stm

http://news.bbc.co.uk/1/hi/entertainment/music/3176616.stm

Software piracy

http://news.bbc.co.uk/1/hi/uk/2924531.stm

http://news.bbc.co.uk/1/hi/technology/3255120.stm

Health and Safety

http://news.bbc.co.uk/1/hi/programmes/breakfast/2055952.stm

http://news.bbc.co.uk/1/hi/health/1844459.stm

Investigatory Powers

http://news.bbc.co.uk/1/hi/uk/3106158.stm

E-Crime

http://news.bbc.co.uk/1/hi/technology/3485504.stm

Hacking case

http://news.bbc.co.uk/1/hi/england/hampshire/dorset/3168696.stm


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