Computing-related legislation

• Data Protection Act 1998
  • Aims to protect the rights of the data subject
  • Data must be:
    • processed fairly and lawfully
    • used only for the specified purpose
    • adequate, relevant, and inexcessive
    • accurate and kept up-to-date where necessary
    • kept no longer than is necessary
    • kept in accordance with the data subject's rights
    • kept securely
    • kept within the country, unless adequate protection is used
• Computer Misuse Act 1990
  • Introduced with the widespread use of the internet and the ease of remotely logging into a network; to cope with the increase in hacking and viruses
  • Main aims:
    • Prevent unauthorised access to computer material
    • Prevent unauthorised modification to computer material
    • Prevent access with intent to commit an offence
• Copyright, Designs and Patents Act 1988
  • Protects intellectual property from being used without permission
  • It is illegal to make unauthorised copies of software
  • Even work that is freely available to download from the internet is covered by copyright
  • A piece of software such as an applications package, game, or operating system is protected under copyright.
  • Algorithms are not protected
• Regulation of Investigatory Powers Act 2000
  • Quite a modern law, born out of modern threats being presented by criminal and terrorist organisations.
  • It gives certain bodies the right to monitor communications and internet activity
  • It lays out the limits of police and government agencies' powers, and the responsibilities of companies such as ISPs, telecom companies, and social media platforms
  • Under the act, the police and specified public bodies can, with appropriate authorisation,
    • demand that ISPs provide access to their customers' digital communications, without informing the customer
    • carry out mass surveillance of digital communications
    • demand that ISPs fit equipment to allow for digital surveillance
    • demand that someone hand over the keys to encrypted information
    • intercept and monitor ongoing digital communication
    • keep secret the existence of interception warrants and any data collected under them, even from being revealed in court

Understand that developments in digital technologies have enabled massive transformation in the capacity of organisations to monitor behaviour, and amass and analyse personal information.