information systems assignment 2

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National Diploma

for IT Practitioners

Legislation

Data Protection Act

The Data Protection Act gives individuals the right to know what information is held about them. It provides a framework to ensure that personal information is handled properly.

The Act works in two ways. Firstly, it states that anyone who processes personal information must comply with eight principles, which make sure that personal information is:

  • Fairly and lawfully processed
  • Processed for limited purposes
  • Adequate, relevant and not excessive
  • Accurate and up to date
  • Not kept for longer than is necessary
  • Processed in line with your rights
  • Secure
  • Not transferred to other countries without adequate protection

The second area covered by the Act provides individuals with important rights, including the right to find out what personal information is held on computer and most paper records.

Should an individual or organisation feel they're being denied access to personal information they're entitled to, or feel their information has not been handled according to the eight principles, they can contact the Information Commissioner's Office for help. Complaints are usually dealt with informally, but if this isn't possible, enforcement action can be taken.

The Data Protection Act (DPA) is a United Kingdom Act of Parliament. It defines a legal basis for handling in the United Kingdom of information relating to people living within. It is the main/only piece of legislation that governs protection of personal data in the UK. Although the Act does not mention privacy, in practice it provides a way in which individuals can enforce the control of information about themselves. Most of the Act does not apply to domestic use, for example keeping a personal address book. Organisations in the UK are legally obliged to comply with this Act, subject to some exemptions.

Compliance with the Act is enforced by an independent government authority, the Information Commissioner's Office (ICO). The ICO maintains guidance relating to the Act.

The Act defines eight principles of information-handling practice.

The UK Data Protection Act is a large Act that has a reputation for complexity While the basic principles are honoured for protecting privacy, interpreting the act is not always simple. Many companies, organisations and individuals seem very unsure of the aims, content and principles of the DPA. Some hide behind the Act and refuse to provide even very basic, publicly available material quoting the Act as a restriction The act also impacts on the way in which organisations conduct business in terms of who can be contacted for marketing purposes, not only by telephone and direct mail, but also electronically and has led to the development of permission based marketing strategies.

  • Data may only be used for the specific purposes for which it was collected.
  • Data must not be disclosed to other parties without the consent of the individual whom it is about, unless there is legislation or other overriding legitimate reason to share the information (for example, the prevention or detection of crime). It is an offence for Other Parties to obtain this personal data without authorisation.
  • Individuals have a right of access to the information held about them, subject to certain exceptions (for example, information held for the prevention or detection of crime).
  • Personal information may be kept for no longer than is necessary.(Kept up to date)
  • Personal information may not be transmitted outside the EEA unless the individual whom it is about has consented or adequate protection is in place, for example by the use of a prescribed form of contract to govern the transmission of the data.
  • Subject to some exceptions for organisations that only do very simple processing, and for domestic use, all entities that process personal information must register with the Information Commissioner.
  • Entities holding personal information are required to have adequate security measures in place. Those include technical measures (such as firewalls) and organisational measures (such as staff training).

Also subjects are allowed/have the right to make changes to wrong information

The data protection act has an effect on everything and every company, the Rufus supermarket is also affected by this act. The Rufus supermarket will be effected by this due to all of the employees and customers they have.

All the customers will have their personal details stored within the company because they work there. The information the supermarket will hold will be very personal and confidential. To comply with the data protection act this company must keep all the employees information confidential. The details will be their names, addresses, family details, financial details etc. these must be kept within the company and no other employees can look at this. If for example somebody rings the company saying they are somebody and asking to see these details they are still not allowed to be shown.

The company is only allowed to use these details for correct purposes and reasons, they cannot use the information to go visit customers out of work without permission or pass on details to other people.

These details held by the company must be up-to-date and relevant, meaning if an customer moves house the new address must be stated, and only relevant data must be stored, the company cannot have information about other members of family which is not needed.

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When the information is no longer needed the company must remove the information, this should be kept longer than necessary.

It should be kept very securely and only be able to be accessed by certain people and have valid security when being moved.

All these things can cause problems for Rufus as it means a lot of hard work is needed; this has a big impact on Rufus. The hard work will be needed to;

  • keep up to date with all customer details
  • make sure it is relevant information,
  • make sure it is kept ...

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The report does not include a table of contents, which given the length, makes it difficult to navigate the document – particularly so if the reader wishes to only view certain topics. The report does however include page numbers which is helpful when referencing different sections and the writer has indeed surpassed the technical terms expected at this level of qualification. Minor grammatical errors are present in certain parts of the document.

The writer demonstrates an outstanding level of analytical skills for this level of qualification and has made evaluative judgements as evidenced by the IT legislation discussed. However, the writer should have included references for further reading and to confirm examples and findings in the report. The report lacks a main conclusion or summary which would have been helpful given the length and number of sections contained within. The report also lacks an introduction explaining what is to be discussed and outlined. Again, this would have been helpful due to the broad range of topics.

Given the headers, it is evident that this report focuses mainly on IT legislation and ethics, the student provides a detailed analysis of existing laws and what they cover. Key acts of legislation are defined along with an outline of common office applications and systems that are primarily used to store and retrieve information. The student has essentially responded to each section in great detail.