The Legislation that protects individuals and groups from the misuse of ICT

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Ronan Kodituwakku 10T

Report 3e

The Legislation that protects individuals and groups from the misuse of ICT.

In this report I will be investigating the different legislations that protect individuals and groups from the misuse of ICT.

Data Protection Act (1998)

Data Protection Act is a law set in 1998 to protect the personal informal of individuals, not businesses. It includes how the information is obtained, held or disclosed to other people or organisations. This covers information stored digitally or in a paper-based storage system.

The personal details of people are constantly being collected and recorded everywhere, ranging from the local supermarket to the online learning centre. The individual who have their personal data held about them – which is everyone, are called Data Subjects. The organizations or people who hold the Data Subject’s data are called Data Users.

Before collecting the data from the Data Subjects, the Data Users have to contact the Information Commissioner and do the following:

  • what data they want to store
  • what they want to use the data for
  • how long they are going to keep it for
  • who they are going to pass on the data to

As well as following the rules above, the Data Users have to follow the eight Data Protection Principles. The act says that the data must:

  • be fairly and lawfully processed
  • be used for limited purposes
  • be adequate and relevant. Only what is needed may be used
  • be accurate
  • be not kept longer than necessary
  • be accessible to the individual and able to be corrected or removed when necessary
  • be secure
  • not transferred to countries without adequate protection

As with most rules and regulations, there are some exemptions in Data Protection Act. Here are a few of them:

  • National Security – no one is allowed to see their personal data if the National Security is at                                                     stake
  • Police Investigations – information used to prevent crime is not covered
  • Examination Results – the examination results cannot be shown to anyone until they are                                          published by the examination board.

In Report 3B, Dr. Kumar is a neurosurgeon who works in a privately owned hospital in Sussex called St. Richard’s Hospital. He does not collect his patients’ data himself, but he uses the data stored on the hospital’s computer network to view their detail. The only time he actually edits the data is when he is giving the patients their prescriptions and for operations. As Dr. Kumar uses his PDA for recording patients’ data sometimes (especially when he is running about the hospital, treating patients on short-staff days), it is important that he transfers all the data on to the hospital network as the details belongs to the hospital and not him. The ICT technicians at the St. Richard’s Hospital must make sure that access levels for the information of the patients are allocated to prevent unauthorised access to their clients’ data. The Data Protection Act affects the hospital, Dr. Kumar as well as other staffs, which do clerical jobs; because they have to make sure that their clients’ data are kept securely, fairly and lawfully processed, and their data not used inappropriately than for medical purposes. The Data Protection Act also gives the data subjects the assurance to give out their personal data to either the hospital and/or Dr. Kumar since they know that they can request to see their data held on them from the hospital anytime.

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If St. Richard’s Hospital or Dr. Kumar fails to comply with any of the policies mentioned in the Data Protection Act, the data subjects can ask the Data Commissioner to intervene or they can sue the hospital.

Computer Misuse Act (1990)

The Computer Misuse Act is a law which was introduced in 1990, to prevent unauthorised access to individuals’ personal computers and to network in an organization.

There are three main offenses in the act:

  • getting unauthorized access to computer material
  • accessing the computer material with intent to commit or facilitate committing another offence
  • modifying ...

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