Legal Implications relating to Computing Science

Data Protection ActComputer Misuse Act

Copyright, Designs and Patents ActCommunications Act

Health and Safety Regulations

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Data Protection Act 1988

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The data protection Act was first introduced to protect the rights of anybody who has their personal information stored on a computer system.

Within the act:

Data Subjects are the people who data is stored.

Data Users are the companies or organisations (clubs, charities etc) who are using the subjects’ data.

Information Commissioner is a government appointed individual who maintains a list of who is storing what data. All companies who store personal data must register with the Information Commissioner's Office.

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Data Protection Act 1988The 8 principles of the Data Protection Act are:

1. Data is processed fairly and lawfullyThis requires that data is not used for any criminal activity such as fraud, identification theft etc.

2. Data is obtained for specified and lawful purposesSubjects must be assured that data users have legitimate grounds for collecting and using the personal data and only collect relevant data.

3. Data stored is adequate, relevant and not excessiveCustomers must be assured that you hold personal data about them that is sufficient for the purpose you are holding it for in relation to that individual.

4. Data is always accurate and up to date.Subjects must be assured that their data is accurately stored as inaccuracies could affect them negatively. For example a wrongly recorded debt could lead to a poor credit rating and a loan being refused.

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Data Protection Act 1988

5. Data is not kept any longer than necessarySubjects data is deleted or removed after it has not been used for a set period of time. For example a survey that collects personal data would have to delete the original data once the survey is complete.

6. Data is processed in accordance with the data subject’s rightsCustomers have a right of access to a copy of the information comprised in their personal data (although data users are allowed to charge a small administration fee for this service)

7. Data is securely storedData users must insure that data is held in a secure location, with security in place to prevent access by unauthorised personnel.

8.Data is not transferred to another country without similar data protection legislation.Data users must be assured that their data will not be passed to countries without adequate security in place to meet the principles of the UK’s data protection laws.

The 8 principles of the Data Protection Act are:

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Data Protection Act 1988

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Exemptions from the Act

All companies have to comply with the above regulations except the Police and Security Services, such as MI5. These organisations are exempt from the Act.

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Clip 1 The Lights are On

Clip 2 What you Need to Know

Computer Misuse Act 1990

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This legislation makes it illegal to misuse computers to perform the following actions:

1. Unauthorised access to computer material

Commonly known as ‘hacking’, the act of using software and hardware to access data without permission is made illegal by the Computer Misuse Act. Hackers often delete, steal or alter the data they access but by then the crime has already been committed as they have already gained access to the data unlawfully.

2. Unauthorised access with intent to commit or facilitate commission of further offences

The act states that if the hacker access protected data so that they can use they data for illegal purposes (selling data on, fraud, bribery etc) they may also be charged under the act.

3. Unauthorised acts with intent to impair the operation of computer

There may be several examples of how this part of the law could be broken:Deliberately crashing a website by overloading the host server (DOS attacks).Deliberately spreading viruses (not creating a virus does not break the law).

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Copyright, Designs and Patents Act 1988

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The Copyright, Designs and Patents Act 1988, is the current UK copyright law. It gives the creators of literary, dramatic, musical and artistic works the right to control the ways in which their material may be used. The rights cover: Broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public. In many cases, the creator will also have the right to be identified as the author and to object to distortions of his work.

Under copyright law it is illegal to1. Make or sell unauthorised copies of software

2. Possess pirate software for your own use

3. If you are a company to knowingly use software you have not paid for

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Offences related to Computing Science are listed below:

1 Dishonestly obtaining electronic communications servicesUsing someone’s Internet services (usually Wi-Fi) without permission.This is an offence as the perpetrator is stealing a service that another user is paying for.

Cloning a mobile phone.This involves copying the phone’s SIM card. The copy is then inserted into another phone. The owner of the original SIM will subsequently end up paying the bill for both phones. Often cloned phones are sold to people who wish to make international calls so the bills may be huge.

2 Possession of equipment used to dishonestly obtain communications services:Examples of this could be owning software using to illegally connect to password protected Wi-Fi hotspot or owning hardware used to copy phone SIMs.

3 Improper use of a public electronic communications network:Sending a message grossly offensive, indecent, obscene or menacing nature.This could apply to an e-mail, text message or even a social network post.Sending a message that is deliberately designed for the purpose of causing annoyance, inconvenience or needless anxiety to another.

Communications Act 2003

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This act deals with abuses of telecommunication (phonelines, Wi-Fi, mobile phone network), television, broadcasting and postal services.

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Now attempt Task 8 Legal Implications

on page 29

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Health & Safety Regulations

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Employers have a responsibility to ensure that computer users can safely use a computer system without a detrimental affect on their health.

These responsibilities include:

Monitors - Providing workstation users with tilt and swivel, anti-glare monitors to avoid eye and neck strain.

Keyboards - Providing workstation users with adjustable keyboards with clearly defined characters and enough space in front to provide wrist support.

Chairs - Providing workstation users with fully adjustable chairs to allow users to sit comfortably to prevent back strain.

Environment - Providing an environment which has appropriate desk space, is spacious enough and has appropriate lighting to avoid eye strain.

Health & Safety Regulations

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The law relating to health and safety issues for work with computers is contained in the Health and Safety (Display Screen Equipment) Regulations 1992.

In addition to providing a healthy working environment, employers are also responsible for:

Conducting a risk assessment (measuring length of time at workstations, assessing equipment use).

Providing free eye exams for staff who continually use computer systems.

Providing training in correct computer use (posture, positioning of equipment, the importance of regular short breaks, how to use a mouse)

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Health problems associated with working with computers include:

Repetitive strain injury (RSI)Pain from muscles, nerves and tendons caused by repetitive movement and overuse. The condition mostly affects parts of the upper body, such as the forearm, elbow, wrist, hands, neck and shoulders, and may also cause stiffness and swelling.

Eye strainEye strain is a condition that manifests itself through symptoms such as fatigue, pain in or around the eyes, blurred vision, headache and occasional double vision. Symptoms often occur after reading, computer work, or other close activities that involve tedious visual tasks.

Back painThese problems relate to users being crouched and hunched towards the monitors and computer components due to the design and positioning of these peripherals. This can cause severe and acute pain in the upper back, particularly pain in the neck and or shoulders.

Computer Related StressSymptoms of stress caused by computer use include getting tight shoulders whilst sat at the computer, having a fuzzy and unclear mind (not able to think clearly) and getting angry at computer crashing or losing your data.