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Relevant Legislation

Data Protection Act 1998

Whenever personal details or other private information is stored about people, it is regulated by the data Protection Act and organisations storing such information must register with the data protection bureau. It gives rights to data subjects (i.e. in this case the patients who have specific data about themselves stored on the health centre system). Data is subject to 8 main regulations to protect the rights and privacy of individuals. These are:

  1. Personal data shall be processed fairly and lawfully.
  2. Personal data shall be obtained only for one or more specified and lawful purposes.
  3. Personal data shall be adequate, relevant and not excessive in relation to the purpose for which it is used.
  4. Personal data shall be accurate and, where necessary, kept up to date.
  5. Personal data shall not be kept for longer than is necessary for the specified purpose.
  6. Personal data shall be processed in accordance with the rights of data subjects under the act (patients have the right to view and correct information held, except in cases of crime or certain government agencies).
  7. Data holders should have appropriate measures in place to protect the data against loss, theft or corruption.
  8. Personal data shall not be transferred to a country outside the EEC unless that country ensures an adequate level of protection for the rights of data subjects.

Computer Misuse Act 1990

This law was introduced to cope with the problems of computer hackers and viruses. The Act was introduced to recognise these three offences:

  1. Unauthorised access to computer material

If a member of the health centre staff uses another staff members password to log onto their user area, this is illegal. Even if they don't change, delete or damage anything, they are still guilty of accessing materials without authorisation - and this is illegal.

  1. Unauthorised access with intent to commit or facilitate a crime

The difference between this and the first offence is that the person gaining access to someone else’s system is doing so with the sole purpose of doing something illegal e.g. fraud, blackmail etc. This might mean that they had to guess or steal the password in order to get into someone's user area or their bank account.

  1. Unauthorised modification of computer material

This offence relates to the deletion or changes made to files with the intent to cause damage to an individual or to the health centres computer system. This offence also covers planting viruses to other peoples' systems. Writing a virus technically isn't a crime; but if you knowingly transmit a virus to others, you are guilty under this section of the Computer Misuse Act.

Copyright, Design and Patents Act 1989

This act was passed to make it illegal to copy files, software etc without permission. The law can be broken in three ways:

  1. Using software without a proper licence. The health centre must ensure it purchases a site licence which allows everyone at the centre to use the software.
  2. Using text or images from the internet and using them without the copyrights owners (the authors) permission or acknowledging where the health centre got them from.
  3. A member of staff copying a computer program at the health centre and then running it on their computer at home without permission from the copyright holder.
  4. Health and Safety Issues Relating to Computer Use

The health centre must ensure under the Health and Safety Regulations 1992 that they provide a safe working environment for anyone using computers. The health centre must :Ensure that the computer equipment is safe.

  1. Ensure workstations meet the required standards for health and safety i.e. provide proper computer chairs, foot supports, lighting etc.
  2. Plan work so the staff have regular breaks which allow them to do non-computer work.
  3. Pay for regular eyesight tests for staff using computers regularly.
  4. Provide health and safety training and information to all staff.

There are various health problems associated with the regular use of computers. Here are some of the most common problems and what can be done to reduce the risks:

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The use of ICT when Paying Staff WagesStaff at the health centre are paid using a computerised system and their wages are paid straight into their bank account. The benefits to the health centre for having a computerised system:

  1. It is quicker and more accurate than calculating wages manually.
  2. The added security that wages are paid straight into bank accounts i.e. Electronic Funds Transfer (EFT) money is transferred from the health centres account to the individual staff members account.

Employees at the health centre are paid weekly. Payroll uses a system called batch processing, this is where ...

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