Legislation in Computer Science (AQA GCSE Computer Science)
Revision Note
Written by: Robert Hampton
Reviewed by: James Woodhouse
The Data Protection Act (2018)
What is the Data Protection Act?
The Data Protection Act (DPA) is a law that protects personal data from being misused
Examples of personal data would include
Name
Address
Date of Birth
Race
Religion
Most people that store personal data has to follow the Data Protection Principles although there are a few exemptions:
Domestic purposes – if you only use personal data for such things as writing to friends and family or taking pictures for your own enjoyment, you are not subject to the DPA
Law enforcement – the Police investigating a crime is not subject to the DPA. E.g. if someone has been suspected of a crime they can't request to see the evidence about them
Intelligence services processing – personal data processed by the intelligence services (eg MI5) is not covered by the DPA
The data protection principles
Principle | How does it affect a company? | Example |
|---|---|---|
1. Personal data must be fairly and lawfully processed | A company has to be clear about what personal data they wish to collect and what they want to use it for. | A school can request personal data to be able to call guardians in an emergency. |
2. Personal data must be collected for specified and lawful purposes | A company cannot use personal data for any purpose other than what they stated originally. They also cannot pass this data on without permission. | A company asks for a phone number to call regarding delivery but then uses it to market new products. |
3. Personal data must be adequate, relevant and not excessive | A company cannot request personal data that they do not need right away. | A bank cannot ask for their customer's previous trips when opening an account. |
4. Personal data must be kept accurate and up to date | If a company holds personal data that is wrong or out of date then you have a right to have it corrected or deleted. | If a bank has a customer's old address then they will not be able to send up to date statements. |
5. Personal data will not be kept for longer than is necessary | A company must delete personal data once they no longer have a need for it. | If a customer closes their account the company must delete their data. |
6. Personal data must be processed in line with people's rights | If requested a company must provide a customer with all the personal data they hold on them. | A hospital has to give a patient’s full records if requested by the patient. |
Computer Misuse Act (1990)
What is the Computer Misuse Act?
The Computer Misuse Act (CMA) concerns the malicious use of computers. The act was originally created to make sure that computer hacking was covered within the law
It has been updated regularly to ensure it remains relevant
Firewalls can be used to prevent external people accessing the system. They are key in preventing DoS or DDos attacks
Primary offences under the CMA
The Computer Misuse Act has 3 primary offences:
Unauthorised access to computer materials
E.g. If a student finds out a teacher's password and then accesses their computer and opens their filesUnauthorised access with intent to commit further offences
E.g. If the student finds out a teacher's password and then accesses their computer with the intent to increase their marks on their last test resultUnauthorised modification of computer files
E.g. If the student finds out a teacher's password and then accesses their computer and increases their mark on their last test result
The consequences of each offence are worse depending on whether it's offence 1, 2 or 3 with each offence being punishable with time in prison
Copyright Designs & Patents Act (1988)
What is the Copyright Designs & Patents Act?
This protects the intellectual property of an individual or a company
It makes it illegal to copy, modify or distribute software or other intellectual property without the relevant permission
If original work is original, copyright will be automatically applied and will not expire until 25 - 70 years from the death of the creator depending on the type of work
If an individual believes that their work has been copied it is their responsibility to take action under the Copyright Designs and Patents Act
Many sites online offer free downloads of copyrighted software/videos which prevents the intellectual copyright holder from earning their income on the work they have created
E.g. If someone downloaded videos from Netflix and shared them with others, they would be breaching the act
The act covers videos and audio where peer-to-peer streaming prevents a copyright owner from receiving an income
What is prohibited under the Copyright, Designs & Patents Act?
Primary breaches:
Copying an original work
Issuing the copy of the original work to the public
Renting/lending the copy of the original work to the public
Performing, showing or playing the original work in public
Making an adaptation of the original work
Secondary breaches:
Importing a copy of original work
Possessing or dealing with a copy of the original work
Providing means to make copies of the original work
Permitting the use of premises for making copies of the original work
Provision of props/equipment for a performance of a copy of the original work
Software Licences (Open Source & Proprietary)
What is a software licence?
A software licence is a legal agreement that lays out rules for how software can and can't be used
There are two main types of software licence, each with very different rules on usage, distribution and support, they are, open source & proprietary
Features of open source & proprietary software
Software Licence | Features |
|---|---|
Open source |
|
Proprietary |
|
Advantages & disadvantages of open source & proprietary software
Software Licence | Advantages | Disadvantages |
|---|---|---|
Open source |
|
|
Proprietary |
|
|
Worked Example
Highlight one box on each row to identify the legislation that would cover each of the given events [5]
Answer
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