Monday, 2 January 2012

ICT Civil Rights

There are certain acts and laws that protect computer users from hackers and fraud.  These acts are called the Data Protection Act of 1998 and the Computer Misuse Act of 1990.  They are specific laws for computers and data stored on computers. 

The Data Protection Act

The data protection act was made to protect personal information.
It only covers personal information about living individuals, not about businesses.
It covers data stored on computer or in a paper-based filing system.
It lets people check what data is being held about them.
It is run by the Information Commissioner’s Office.
Data Subjects are the individuals that the information is about and the Data Users are the big companies that collect, store and use the information. 

The companies that store the information have to follow these 8 points.  The information has to be:
  1. Fairly and lawfully processed
  2. Used for limited purposes
  3. Adequate and relevant. Only what is needed may be used
  4. Accurate
  5. Not kept for longer than is necessary
  6. Accessible to the individual and able to be corrected or removed where necessary
  7. Secure
  8. Not transferred to countries without adequate protection

If these points are not being followed then the company storing the information can get in trouble with the Information Commissioners Office.

Companies need to keep their customer information secure otherwise it could get into the wrong hands and the customers could be victims of fraud or hacking.


Computer Misuse Act

The Computer Misuse Act was passed to stop unauthorized access to computers, often called hacking. There are three offences in the act.

Unauthorized access to computer material is an offence.
Accessing with intent to commit or facilitate committing another offence.
Unauthorized modification to computer material.

The punishments for these are:

Unauthorised access (hacking)
£2k and/or 6 months

Unauthorised access with intent (fraud)
5 years + £50k
Unauthorised Changing of files (viruses)
5 years + £50k per computer affected

Computer software is now covered by the Copyright Designs and Patents Act of 1988, which covers a wide range of intellectual property such as music, literature and software. Provisions of the Act make it illegal to, copy software and run pirated software.  
The punishment for these crimes are:

Illegal Copying, not for Profit
£2k and/or 6 months
Mass Copying, not for profit
Same penalty and confiscation and compensation

Any of the above for profit
10 years + £50k + damages

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