✅1.5.1 Computing related legislation

Question 1

What is meant by personal data?

Answer 1

Any data which can be used to identify a living person or which can be used in combination with other data to identify a living person.

Question 2

Which act concerns the malicious use of computers?

Answer 2

The computer misuse Act 1990

Question 3

Which act protects people’s property online?

Answer 3

The copyright, designs and patents act 1988

Question 4

Which act covers the use of personal data?

Answer 4

The data protection act 1998

Question 5

Which act covers investigation and surveillance by public bodies?

Answer 5

The regulation of investigatory powers act 2000

Question 6

Which act prevents computer programs from being copied?

Answer 6

The copyright, designs and patent act 1988

Question 7

What name is given to an individual who can be identified by personal data?

Answer 7

Data subject

Question 8

Name 5 data protection principles

Answer 8

They must make sure that information is:
1. Personal data must be used fairly, lawfully, and transparently
2. Personal data must be used for specified, explicit purposes
3. Personal data must be used in a way that is adequate, relevant, and not excessive
4. Personal data must be accurate and, where necessary, kept up to date
5. Personal data must be kept for no longer than is necessary

Question 9

How does the data protection principle “Personal data must be used fairly, lawfully, and transparently” affect a company?

Answer 9

A company has to be clear about what personal data they wish to collect and what they want to use it for.

Question 10

How does the data protection principle “Personal data must be used for specified, explicit purposes” affect a company?

Answer 10

A company cannot use personal data for any purpose other than what they stated originally. They also cannot pass this data on without permission.

Question 11

How does the data protection principle “Personal data must be used in a way that is adequate, relevant, and not excessive” affect a company?

Answer 11

A company cannot request personal data that they do not need right away.

Question 12

How does the data protection principle “Personal data must be kept for no longer than is necessary” affect a company?

Answer 12

A company must delete personal data once they no longer have a need for it.

Question 13

How does the data protection principle “Personal data must be accurate and, where necessary, kept up to date” affect a company?

Answer 13

If a company holds personal data that is wrong or out of date then you have a right to have it corrected or deleted.

Question 14

What are 4 actions companies must take under the data protection act 1998?

Answer 14

1. Companies must appoint a member of staff as their Data Controller. They will then be responsible for making sure that the principles of the Data Protection Act are not breached and to keep in communication with the Information Commissioner
2. The company must put in place physical or digital security measures to prevent the data from being accessed without consent
3. The company should make sure that they train their staff to abide by the principles
4. Companies must send a copy of the subject’s data if a Subject Access Request (SAR) is received. This copy must be sent securely after the company has verified the identity of the subject

Question 15

What happens to companies if they are found to be in breach of the Data Protection Act?

Answer 15

They can face extremely large fines.

Question 16

Name 5 rights you have under the data protection act 2018

Answer 16

The right to:
1. Be informed about how your data is being used
2. Access personal data
3. Have incorrect data amended
4. Have data erased
5. Stop or restrict the processing of your data restrict the portability of data, or sharing with third parties

Question 17

What is the Data Protection Act 1998?

Answer 17

A law that protects personal data from being misused

Question 18

What is the Computer Misuse Act 1990?

Answer 18

A law that concerns the malicious use of computers. The act was originally created to make sure that computer hacking was covered within the law.

Question 19

Name two of the three primary offences under the computer misuse act 1990?

Answer 19

1. Unauthorised access to computer materials.
2. Unauthorised access with intent to commit further offences.
3. Unauthorised modification of computer material.

Question 20

What is the General Data Protection Regulation (GDPR)?

Answer 20

A regulation in EU law that seeks to ensure data protection and privacy for citizens of the EU and EEA.

Question 21

What does the copyright, designs and patent act 1988 legislate?

Answer 21

A law that protects the intellectual property of an individual or a company
It makes it illegal to copy, modify or distribute software or other intellectual property without the relevant permission
If original work is original, copyright will be automatically applied and will not expire until 25 - 70 years from the death of the creator depending on the type of work
If an individual believes that their work has been copied it is their responsibility to take action under the Copyright Designs and Patents Act.

Question 22

What are 10 prohibited actions under the Copyright, Designs and Patents Act 1988?

Answer 22

Primary Breaches:
1. Copying an original work
2. Issuing the copy of the original work to the public
3. Renting/lending the copy of the original work to the public
4. Performing, showing or playing the original work in public
5. Making an adaptation of the original work

Secondary Breaches:
1. Importing a copy of original work
2. Possessing or dealing with a copy of the original work
3. Providing means to make copies of the original work
4. Permitting the use of premises for making copies of the original work
5. Provision of props/equipment for a performance of a copy of the original work

Question 23

What does copyright protect?

Answer 23

Original works.

Question 24

What does design rights protect?

Answer 24

The shape or configuration of a product or item.

Question 25

What is the Regulation of Investigatory Powers Act 2000?

Answer 25

A law that legislates as to how organisations can monitor electronic communications The RIPA covers investigation, surveillance and interception of communication by public bodies

Question 26

What does the Regulation of Investigatory Powers Act 2000 enforce internet service providers (ISPs) and mobile phone companies to do?

Answer 26

To give up information on request from an authorised authority and to ensure that their networks have sufficient hardware installed to facilitate surveillance about a person

Question 27

Why is the Regulation of Investigatory Powers Act 2000 particularly controversial?

Answer 27

Because its powers also extend to small agencies like local councils. So some people feel that the Act is an invasion of privacy or that it is used improperly. For example, this act has been used for reasons other than monitoring criminal or terrorist activities including monitoring cockle fisherman, fly tippers, and even a family to work out whether they lived in the catchment area of a local school.