week 7 Legal implications of information Systems

1.

The Regulation of Investigatory Powers Act 2000 (RIPA) is concerned with

the regulation of surveillance by public authorities in the conduct of their

legitimate business. Surveillance is an essential part of modern life but has

not until now been the subject of formal statutory control.

2.   Interception of a communication, use of  communications data, have directed survelliance, covert human intelligence sources and intrusive survellience

3.  it contains three parts

4.The Freedom of Information (Scotland) Act 2002 (also referred to as FOISA or the FOI Act) came into force on 1 January 2005.  FOISA gives everyone – anywhere in the world – the right to receive information from Scottish public authorities, subject to certain exemptions.

5.

  • the right to information, and the obligations of Scottish public authorities
  • exemptions to that right, and circumstances in which these exemptions apply
  • the powers and duties of the Scottish Information Commissioner
  • how the right to information is enforced
  • the requirement for Codes of Practice, issued by Scottish Ministers
  • a list of bodies covered by the Act.

6.They must produce a ‘publication scheme’, which is, in essence, a guide to the information they hold which is publicly available

They must deal with individual requests for information. Individuals already have the right to access their personal data, held on computer, and in some paper files, under the Data Protection Act 1998. This is known as the ‘subject access right’. The Scottish Act permits individuals to access all other types of non-personal information that public authorities hold, subject to specific exemptions in the Scottish Act.

7.The 1998 Data Protection Act came into force early in 1999 and covers how information about living identifiable persons is used. It is much broader in scope than the earlier 1984 act, but does contain some provision for a transitional period for compliance with the new requirements.

8.

  • Processed fairly and lawfully.
  • Processed only for one or more specified and lawful purpose.
  • Adequate, relevant and not excessive for those purposes.
  • Accurate and kept up to date – data subjects have the right to have inaccurate personal data corrected or destroyed if the personal information is inaccurate to any matter of fact.
  • Kept for no longer than is necessary for the purposes it is being processed.
  • Processed in line with the rights of individuals – this includes the right to be informed of all the information held about them, to prevent processing of their personal information for marketing purposes, and to compensation if they can prove they have been damaged by a data controller’s non-compliance with the Act.
  • Secured against accidental loss, destruction or damage and against unauthorised or unlawful processing – this applies to you even if your business uses a third party to process personal information on your behalf.
  • Not transferred to countries outside the European Economic Area – the EU plus Norway, Iceland and Liechtenstein – that do not have adequate protection for individuals’ personal information, unless a condition from Schedule four of the Act can be met.

9.Information that is accessible by other means. Information relating to or dealing with security matters. Information contained in court records. Where disclosure of the information would infringe parliamentary privilege Information held by the House of Commons or the House of Lords, where disclosure would prejudice the effective conduct of public affairs Information that is not held by the Commons or Lords falling under is subject to the public interest test). Information which  the applicant could obtain under the Data Protection Act 1998 or  where release would breach the data protection principles. Information provided in confidence. When disclosing the information is prohibited by an enactment; incompatible with an EU obligation; or would commit a contempt of court.

10.• Information supplied by, or relating to, bodies dealing with security matters. Information relating to Court records.  Parliamentary privilege.  Information provided in confidence.  Information prohibited from disclosure by any other piece of legislation or enactment.

11. The Data Protection Act (1998) allows individuals to find out what information is held about themselves on computer and some paper records.

12. You must protect personal information byfollowing the eight principles of good practice.

13.The Copyright, Designs and Patents Act , 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.

14.Software licensing is a contract of agreement between the software publisher and the end user, sometimes referred to as the End User License Agreement, or EULA. Though software licensing can be a paper agreement, it is most often imbedded in the software itself as part of the installation process. If the user does not agree to the software licensing terms, he or she can indicate so with a click. This aborts the installation process.

15.

 

16. The Computer Misuse Act of 1990 is a law in the UK that makes illegal certain activities, such as hacking into other people’s systems, misusing software, or helping a person to gain access to protected files of someone else’s computer.  The Computer Misuse Act came into being after the 1984-1985 R v. Gold case, which was appealed in 1988.

17. there are three sections to it

18.

 

19. (a) no

(b) steam.com

20. (a) 

The right to prevent processing

The right to prevent processing for direct marketing

21. (a) so no one can take the images for themselves

(b) ask for permission

22. (a)   you can download is right there and then, and you do not have to wait for your order to arrive

(b)  it could be a virus.

 

 

 

 

 

 

 

 

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