Legal Implications You need to know about the

Legal Implications • • • You need to know about the following: The Data Protection Act The Computer Misuse Act The Copyright, Designs and Patents Act Health and Safety regulations

Data Protection Act • • • Data Subjects In the Act individuals to whom data relates are known as Data Subjects have the following Rights: to know if data is held about them on a computer system and to have a copy and a description of that data. to know the purposes for which the data is being processed and who is going to receive the data to inspect such data and to have it changed if they think it is inaccurate to ask for compensation if data is inaccurate or if an unauthorised person has been given access to it to prevent processing of data likely to cause damage or distress to be sure that decisions made about them are not made only on the basis of automatic processing e. g psychometric testing for jobs For all of these they can be charged a single administration fee. A data subject can apply to the courts to block the processing of data or to correct, erase or destroy it.

Data Protection Act • A Data user is an individual within an organisation who makes use of personal data. • The Data User must keep to the following Data Protection Principles… • All personal data should be… – processed only if the consent of the individual is given, if it is part of a legal contract, if it is essential to a business transaction or the carrying out of public duties. – held for the specified purposes described in the Register entry – accurate and where necessary be kept up to date – relevant and not excessive in relation to the purpose for which they are held – adequate for the purpose specified – processed in accordance with the rights of the data subject – surrounded by proper security, like passwords and/or encryption – transferred only to countries outside of the EU that have adequate security measures as defined in the Act.

Data Protection Act • The Data Controller is the Person, Business or Organisation who controls the collection and use of personal data. • The Data Controller must: • register with the Data Protection Commissioner • apply for permission to keep personal data on computers • state what data they want to keep, its purpose and who has access to it

Copyright Designs and Patents Act • This deals with the problem of computer software, which now is protected by law for fifty years after it is published. It makes illegal to. . : – make unauthorised (pirate) copies of software – run pirate software – transmit software over telecommunications links and copy it – run multiple copies of software if only one copy was purchased – give, lend or sell copies of bought software unless license to do so is granted

The Computer Misuse Act • This act is designed to make hacking into a computer system illegal and subject to penalties. This act makes it an offence to gain unauthorised access to a computer system or to make unauthorised modifications to computer materials. • Modifying computer material the Act specifies as: – Interfering with a system so that it doesn't run properly – Making changes to the system to prevent others accessing the system – Making changes to the software or data – Penalties of up to five years imprisonment and fines apply.

Health and Safety Regulations • An employer must: – – – – provide adjustable screens provide anti-glare screen filters provide adjustable chairs provide foot supports make sure lighting is suitable make sure workstations are not cramped plan work at a computer so that there are frequent breaks pay for appropriate eye and eyesight tests by an optician • Note: These regulations do not apply to students in schools or colleges.

Health and Safety Regulations • General regulations for the use of electrical appliances apply in a computer room: – no trailing wires to trip over – food and drink should not be placed near a machine – electrical sockets must not be overloaded – there must be adequate space around each computer – appropriate heating and ventilation must be provided – effective lighting must be – provided with no glare or reflections