Legislation and ICT

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LEGISLATION & ICT                                                                        

Unit 3

        THE DATA PROTECTION ACT (1998)

        THE COMPUTER MISUSE ACT (1990)

        COPYRIGHT, DISIGNS & PATENTS ACT                                                          (1989)

        HEALTH & SAFETY AT WORK ACT (1974)

        HEALTH & SAFETY REGULATIONS (1992)

        REGULATION OF INVESTIGATORY POWERS ACT (2000)


The Data Protection Act (1998)

The Data Protection Act (1998) came into force on 1st March 2000. It sets rules for processing personal information and applies to paper records as well as those held on computers. It was brought out because computers were getting more powerful and easy to use. Companies, government and other organisations began to use them to store large amounts of information about people, such as their customers, clients and staff details. Databases with this information can be quickly set up, searched, edited and accessed and take up less space than paper records. So company’s send peoples personal data to one company to the other so that were a danger in case someone tries to access some ones personal details with out permission.

The Data Protection Act has 8 principles they are;

  1. It must be collected and used fairly with in the law
  2. It must only be held and used for the reasons given to the Information Commissioner
  3. It can only be used for those registered purposes and only be disclosed to those people mentioned in the register entry. You cannot give it away or sell it unless you said you would on the form
  4. The information held must be adequate (enough), relevant and not excessive (too much) when compared with the purpose stated in the register. So you must have enough detail but not too much for the job that you are doing with the data.
  5. It must be accurate and be kept up to date. There is a duty to keep it up to date, for example to change an address when you move.
  6. It must not be kept longer than is necessary for the registered purpose. It is all right to keep information for certain lengths of time but not indefinitely. This rule means that it would be wrong to keep information about past customers longer than a few years at most.
  7. The information must be kept safe and secure. This includes keeping the information backed up and away from any unauthorised access. It would be wrong to leave personal data open to be viewed by just anyone
  8. The files may not be transferred outside of the European Economic Area (that's the EU plus some small European countries) unless the country that the data is being sent to has a suitable data protection law. This part of the Act has led to some countries passing similar laws to allow computer centres to be located in their area.
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My school ensures they comply with the DPA (Data Protection Act) in dealing with student’s personal data by only letting trusted members of staff handle student’s personal data. This law works very well because other companies cannot take any one else’s personal detail with out their permission.

There have been many situations where many companies/organisations have been prosecuted for disobeying the Data Protection Act and here is an example of an organisation. In 1995 the ODPR brought a case against a manager of a company called Woolwich Building Society for disclosing a costumer’s personal data that was not sanctioned by ...

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