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GCSE: Legislation & The Legal Framework
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- Marked by Teachers essays 1
- Peer Reviewed essays 7
What if someone had added one or more offences to your criminal record? This is why the DPA exists. This law covers both digital and written information which is covered from the moment it is created until the moment it is erased. The law lets the Data Controller (the owning company) of the data to allow or disallow access, viewing and/or editing of the information about various data subjects (the person who has data about them stored outside their direct control)
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2 Nevertheless, the need for regulation is clearly visible as the success of electronic transactions is dependant on the knowledge of legal system controlling them. Non-existence of universal jurisdiction over e-commerce transactions might raise few problems. Each participant will be forced to gain knowledge of every legal system which concerns e-commerce throughout the world. This will hinder the development of e-commerce. Therefore, different countries and organizations tried to come up with some form of regulation although not a strict one which could constitute slow development of e-commerce.
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Website terms and conditions The site must have comprehensive terms and conditions and you will need to link to these wherever applicable (eg if you are selling there should be a check box that the consumer ticks to say "I have read the terms and conditions etc etc". Things the terms and conditions should contain include: * Data protection act considerations (as explained above) * Terms and conditions of use including copyright notice, general disclaimer, liabilities (or non-liabilities - especially in terms of credit card fraud)
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The social, legal, moral aspects of I.C.T. In this report, I am going to discuss some of the positive and negative effects of ICT in view of its social, economic, legal and moral implications.
The internet changing how we react * More people are shopping online and are communicating via email making people lazy. * Internet communication may make people lose their personal communication sills. 3. over reliance on technology * People rely too much on computers for the smooth running of society. 4. impact on literacy * People spend more time on the computer games and the consequences less time for reading and improving literacy skills. * Educations concentration may drop. 5.
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For example, a database could be searched to find all customers living in a particular area, to target them for "special offer" advertising. Searches of databases like this are much faster with computers and, in particular, information can be matched from one database to another far more than if it is stored on paper. The Database section has more on searching. Communications networks Storing information about people on computers which are linked to communications networks like the Internet or private company networks has also become important.
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It must not be kept longer than is necessary for the registered purpose. It is alright to keep information for certain lengths of time but not indefinitely. This rule means that it would be wrong to keep information about past customers longer than a few years at most. 7. The information must be kept safe and secure. This includes keeping the information backed up and away from any unauthorised access. It would be wrong to leave personal data open to be viewed by just anyone.
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They say that any data held about a person must be: 1. fairly and lawfully processed; 2. processed for limited purposes; 3. adequate, relevant and not excessive; 4. accurate; 5. not kept for longer than is necessary; 6. processed in line with your rights; 7. secure; 8. not transferred to countries without adequate protection. How a school abides by the rules The data that is supplied to the school is given in on a sheet that is filled out by the parents. It is them give to the school computers. The sheets that have been handed out should then be destroyed because of act 7 which says that all data must be secure and it is more secure on a computer than on a piece of paper that can be lost.
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The results are published in the report An Update on ICT Fraud and Abuse 2004. Since the last survey in 2001, the new report points to some improvement in ICT security, with security policies in place at 96 per cent of organizations. It also recorded a fall in the incidence of 'business disruption' (viruses or other deliberate acts aimed at denying users access to systems), making up only 20 per cent of cases in the 2004 survey compared with 39 per cent in 2001. Data Protection Act (1998) The Data Protection Act (DPA) is a United Kingdom Act of Parliament that provides a legal basis and allowing for the privacy and protection of data of individuals in the UK.
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This act is there to protect the privacy of ordinary people. Another part of this act stops information from being passed onto other companies without the person's knowledge. This act links up with Thomas Davies the GP that I researched about in The Impact of I.C.T in adult in employment. This is because he has a lot of data stored on his laptop, the data stored has information on his patients, and he is not to let anyone have access to this data, apart from himself, so therefore he has set passwords on the data so that the data is kept safe and secure.
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He has to make sure that no one else could get into his computer and that he kept his log in name and password secure and to himself meaning no intruders could get that information. He would also have to make sure that he did not pass on his client's personal information to other companies such as pharmaceutical companies so that they don't target that particular client. He has to make sure that the information given to him is used by him or his colleagues only and no one else.
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The firm says this is so it can call if a delivery is delayed or an item is unavailable. In one case, a 15-minute conversation with a customer who made it clear he was annoyed at being called ended with the researcher asking: "I guess you'll be saying no to the next question, but would you mind being contacted by Tesco about special offers in future?" After a complaint, and more than a month spent finding the cause, one of Tesco's head office staff called the customer to apologise and explain.
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The act also has financial implications on a corporation in the community as they have to pay for the first �100 of any details to be provided free of charge to the individual that wants them. The freedom of Information therefore affects the local businesses and individuals within the community of Leek and has a positive impact on the community in general. The Act is effective in maintaining a healthy balance with the public and local corporations regarding information and stops people holding excessive information on specific individuals within the community of Leek.
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The manager had been trying to trace a Woolwich customer who was allegedly in arrears with her Woolwich mortgage. In doing so the manager disclosed to a tenant of the customer that she was in arrears. The manager was successfully prosecuted for the unauthorized disclosure. On the basis that the prosecution had jeopardized the manager's career the Court dealt with the matter relatively leniently by imposing a conditional discharge. The data protection act has now been in force for a long period of time and many organizations are finding it hard to abide by. Many companies still are not aware of the obligations under it.
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Obviously this act is computer based so it is enforced by means of blocking and monitoring certain websites for breaches of the act. Doing so can result in a fine or imprisonment. How each Act protects each group Group Health and Safety at Work Act 1974 Copyright, Designs and Patents Act 1989 Data Protection Act 1998 Computer Misuse Act 1990 The student-You and your web site Prolonged periods looking at computer screen. This may cause damage to the eye and the act advises ten minute breaks are taken every hour when using a computer Copying logos of websites which is forbidden by this act to protect the creator's profits.
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Personal data shall be accurate and, where necessary, kept up to date; 5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes; 6. Personal data shall be processed in accordance with the rights of data subjects under the Act; 7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data; 8.
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Schools, for example, may keep information on former pupils for no longer than ten years. How It Affects Me As I am reaching the last months of my high school career I have accumulated a large amount of data in my personal records, which is kept in the schools database. I have accumulated both medical, social behaviour, and certificates of achievements. The data protection act insures that after a certain period of time the school will no longer hold this information.
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account, but if someone managed to access that data and changed anything under my personal account they would be breaking the law of data protection. This law can also be broken if someone sent on my personal data to another source without consulting me or asking for my permission for it to be sent on it would be breaking the law of data protection. Data protection normally only stands for personal details but if it was statistical data which was collected there is no problem in having that passed on since surveys never normally involve a person writing their names so it is ok.
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Unauthorised access to computer material. 2. Unauthorised access with intent to commit or facilitate commission of further offences. 3. Unauthorised modification of computer material. -Copyright, designs and patents act in 1989 The act 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 of the piece will also have the right to be identified as the author and to object to distortions and mutilations of his work.
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You cannot give it away or sell it unless you said you would on the form 4) The information held must be adequate (enough), relevant and not excessive (too much) when compared with the purpose stated in the register. So you must have enough detail but not too much for the job that you are doing with the data. 5) It must be accurate and be kept up to date. There is a duty to keep it up to date, for example to change an address when you move. 6) It must not be kept longer than is necessary for the registered purpose.
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This covers for example, the appearance and finish of the goods, their safety and their durability. Goods must be free from defects - even minor ones unless the product is sold as perfect, it must have no faults. It the customer is not able to inspect the goods on the premises, they are entitled to a refund, if the item is flawed or faulty. The customer is not obliged to accept a credit note or replacement goods. For example if the customer brought a value packet of crisps only to find that half of them are open, the customer can then get a refund or their money back.
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Protect confidentiality, e.g. prevent unauthorised access to documents or records To protect documents from confidentiality you can use the three main types of data security and they are: * Physical security * Access security * Data security To protect data using physical security you should follow the 7 SAD-FLAB rules to stay safe with confidentiality and they are: 1. Serial number 2. Alarms 3. Doors 4. Fire protection 5. Lock 6. Avoid 7. Blinds. You can use these to protect the hardware because if anything happens you have to spend money on a new hard which is expensive.
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Useful sites are: www.webopedia.com www.howstuffworks.com > Hacking-Unauthorised access to data on a computer system. For example, logging into someone elses bank account, and withdrawing money, without their authorisation or knowing. > Planting viruses-A computer virus is a program that replicates itself automatically. Most viruses carry a payload, which makes them either display annoying messages or graphics on the screen or destry yur files (programs and data). Examples of different types of viruses are Boot sector viruse, file viruses and macro viruses.
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The multi-user agreement will often state the maximum number of copies that the license buyer may make. * Site license - this covers the use of the software over a site, but the agreement will often state a maximum number of copies that can be made. Computer Misuse Act 1990 This act is concerned with unauthorised access to computer systems and any subsequent crimes or changes to data/programs. It has three levels or sections of offence:- Section 1 A person is guilty of an offence if: a)
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In fact, it is slightly longer than that as copyright ends on 1 January after the seventieth anniversary. ( http://www.deadline.demon.co.uk/general/Copy.htm ,17/10/2003) Copyright begins when any of the work is actually created, even if you have not registered it. It is your right, as the creator of work, to put the copyright symbol next to your name, except when you have stolen work from someone else and are attempting to pass it off as your own. The individual normally owns copyright, unless the work is made in the course of employment, when it becomes owned by the employer. Copyright can also be allocated to another party, for instance a publisher.
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The following report will compare differences between internal and external information sources relevant to four different organisational types, only one information type will be used per organisation.
Examples of external information sources could be information obtained from trade publications, legislation, economic reviews, competitors and market surveys. Scientific Organisation Internal A scientific organisation may collect specific internally generated data about individuals for e.g. a Clinical Trails organisation may collect the following data. * Reactions to treatment by individuals (Personal) External External data used within this sector may be gathered from the following sources. * Legislative & Legal guidelines for clinical trials The data stored within a computerised system may be used to generate information/reports, which could indicate whether or not a new treatment or drug will be made available for general use, from both a medical and legal perspective.
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