Legislation Flashcards
(23 cards)
What is the Computer Misuse Act 1990?
A legislation created to cover the malicious use of computers
What does the Computer Misuse Act punish?
Unauthorised access to a computer system (hacking)
Unauthorised access to digital materials with intent to commit further crime (planting malware)
Unauthorised modification of data (deleting files)
Making, supplying or obtaining tools used to commit computer misuse offences
What is the Copyright Designs and Patens Act?
A legislation which makes it illegal to copy any work without the owner or copyright holder’s permission
What is the purpose of the CDPA?
Gives creators of digital media the right ti control how their work is used and distributed
What is a patent?
An exclusive right granted for an invention
State the ways of protecting intellectual property
Copyright
Patents
Licensing
Trademarks
What is the Regulation of Investigatory Powers Act 2000?
A legislation that provides certain bodies the right to monitor communications and internet activities
What is the purpose of the RIPA?
To provide a legal framework to carry out surveillance and to access electronic postal and digital communications
Why did the RIPA come about?
Due to evolving threats posed by criminal and terrorist organisations. The RIPA allows certain bodies the right to combat this
What must ISPs and businesses do under the RIPA?
Provide access to all digital communications and internet archives when asked
What must online businesses and ISPs implement under the RIPA?
Hardware and software solutions that facilitate the storage of digital communications (and surveillance for ISPs)
State the issues with the RIPA
Often misused
Invasion of privacy
Freedom of speech
Unnecessary censorship
Encryption - can force an individual to give up keys
What is the GDPR?
A legislation that controls how user information is used by companies and the UK government
What is the purpose of the GDPR?
To strengthen and standardise data protection regulations across Europe
Who does the GDPR apply to?
EU organisations that process personal data of individuals in the EU
Organisations outside the EU that target people living in the EU
Who is a data controller?
Someone who determines what data an organisation collects and how it is collected, processed and stored
Who is a data subject?
A person that has data about them stored somewhere outside their direct control
Who is a data commissioner?
Someone who has the power to enforce the Data Protection Act
State 4 of the 8 principles of the data protection act
- Data must be collected and used fairly inside the law
- Data must only be held for specific reasons
- Data must only be used for the registered purpose it was intended
- Data must be adequate, relevant and not excessive
- Data must be kept accurate and up to date
- Data must not be kept longer that necessary
- Data must be kept safe and secure
- Data must not be transferred outside the EEA unless the country has data protection
State 2 rights of data subjects
- Right of subject access
- Right of correction
- Right to prevent distress
- Right to prevent direct marketing
- Right to prevent automatic decisions
- Right of complaint to the information commissioner
- Right to compensation
What is a copyright?
A legal term used to describe the rights a creator has over their own work
State 2 rights granted by the RIPA
- Demand that ISPs provide access to customer communications
- Prevent the existence of interception activities being revealed in court
- Allows mass surveillance of communications
- Allows monitoring of an individual’s internet activities
- Demand that access be granted to protected information
- Demand that ISPs install equipment that facilitate surveillance
What are the aims of an organisation intercepting communications
- Preventing and detecting crime
- preventing public disorder
- ensuring national security and safety of the public
