The organisation is not for profit.
The data is only processed for the purpose of personal, family or household affairs
The data is only used to maintain a public register.
No computers are used to process the data
There has been a big problem recently with the use of cookies on e-commerce websites. Cookies are used to store information entered on forms to make completing them in the future quicker for the user. However some people feel that this is a breach of their privacy because they have not given consent for this information to be stored. In the past the fact that cookies were not blocked on the web browser by default was considered a way of gaining consent, but as most shoppers do not understand what cookies are or how to block them websites now have to display a notice informing the user that cookies are going to be stored – and asks them to click a button to confirm whether or not they give consent. If users do not give consent due to not fully understanding what cookies are for this can result in the website becoming unusable – for example if you are required to log in to an account before making a purchase. If cookies are disabled you cannot stay logged in, which would mean you could not make any purchases. E-commerce can lose money if users do not consent to cookies being used and as a result cannot log in to their accounts – they would have to go elsewhere for their purchase to a website that does not have an account system.
Copyright Designs and Patents Act
Copyright is an automatic right and comes in to play as soon as works are created.
Protects work such as:
- Art
- Music
- Programming code
- Writing
- Websites
Once they are in a tangible form. For example the idea behind a website would not be subject to copyright and other individuals could produce a website using the same idea as somebody else – but they could not directly copy the content or design of said website.
To protect an idea, a patent must be applied for and granted. To get a patent the idea must be new and involve at least one non-obvious innovative step. The idea must also be useful in some way. Drafting a patent application can be a very complicated process and the laws vary from country to country.
Piracy is illegally copying, distributing or using programs, movies, music, etc you have not paid for.
Piracy has a huge impact on businesses, if potential customers choose to illegally obtain their product rather than purchase it the business is losing money. Piracy has become a huge issue since the internet became available to the public; even more so since broadband became widespread.
Businesses – especially ones involved in a creative industry – must be vigilant about their copyrighted work. Taking individuals or other companies to court over copyright disputes can be a long and costly process. Bigger companies may choose to hire their own legal team but smaller companies can’t always afford to do this – which means if something does get stolen they will have to pay to outsource a lawyer.
The impact piracy has had on society is that it’s become so widespread a lot of people think it is acceptable to copy or download programs, movies, music etc. illegally. ISP’s and law enforcement are cracking down on this behaviour and individuals are being hit with huge fines or having their internet connection limited or even cut off completely if they are repeat offenders.
Computer Misuse
The data protection act was implemented to protect the data stored on computers, but there was nothing in place to prosecute people who hacked into systems or damaged systems with viruses; this is where the Computer Misuse act comes in.
Hacking – bypassing security systems to access data without permission, regardless of intent
Unauthorised modification of data or programs – Such as through viruses
Computer misuse is an illegal act involving a computer; computer abuse is a legal but unethical use involving a computer.
For example: Computer Misuse
Bypassing the security system for a company’s payroll information and copying the data onto a flash drive
For example: Computer Abuse
Reading the text messages on a friends phone without permission
This affects businesses because they have to ensure that their systems are secure. This requires hiring or outsourcing somebody with specialist skills which can cost a considerable amount of money. If security systems are breached this can have disastrous consequences. If personal details from customers get leaked the company will lose a lot of business due to their reputation being destroyed. Customers will not buy from somebody they do not trust - people need to know that their information is secure.
Customers financial details being leaked can destroy their credit ratings if unscrupulous individuals get their hands on it.
Consumer Credit Act
The Consumer Credit Act protects both customers and businesses. Payments made by credit card up to £25,000 are protected, this is to protect against fraud and to reimburse the customer in cases where the product or service is not received - or is not as described. It also protects businesses because if a customer does not pay they will still receive money from the bank. The bank will then have to chase the customer for the payment instead of the business.
The consumer credit act also guarantees customers a cooling off period in case they change their mind about a product. For mail order this has to be at least 14 days - however companies may set their own terms and conditions for the cooling off period. For example they may require the product to be returned unopened in its original packaging. This does not apply if the product is faulty or not as described - which relates to Trading Standards.
This affects businesses because it costs the company valuable time and money to process returned items. They can also have problems with unscrupulous customers attempting to get a refund or compensation for an item that has nothing wrong with it; or attempting to get a refund when an item has gone past the cooling off period. Many hours can be wasted on problem customers which affects overall productivity.
Freedom of information act
The freedom of information act came into effect in 2005. The act gives the public the right to knowledge and access to any information held about them. Whether this be medical records or a credit history consumers have the right to request any information about themselves from any public entity. Companies are obligated to provide this information on request within a reasonable time frame and are permitted to charge a fee to do this. The fees vary between different companies. The only time information may not be released is when the details held can be used to identify a different person to the one making the request because this would be in breach of the data protection act.
Businesses and government entities must ensure they have appropriate policies in place to deal with requests from the public regarding release of their information. This needs to include how the customer would make such a request - either through the post or via email - technically requests can be made verbally but it is preferable to make the requests in a tangible form should any disputes arise. They also need to make sure their fee's for providing the information are made clear, as well as give a time frame.
This affects business because providing data on request can take up valuable time and resources. If the customer is not happy with the data the company holds on them it can also lead to legal battles and expenditure to hire lawyers.