NEW 1.5.1 Computer Related Legislation

The Regulation of Investigatory Powers Act allows various public bodies the right to:

• Demand ISPs provide access to a customer’s communication

• Copy material without consent of the author

• Blanket interception of communications without cause

• Enter private properties without a warrant

Answer explanation

The Regulation of Investigatory Powers Act is legislation which regulates the powers of public bodies to carry out surveillance and investigation, and covering interception of communications.

The data protection laws state that:

• Data can only be processed for the purpose stated

• Data can be kept indefinitely

• Any data can be stored

• It is the responsibility of the data subject to ensure data is accurate

Answer explanation

Data controllers must have a basis in law to store data and be registered with the information commissioner's office. Data can only be collected and stored for the intended purpose communicated to the data subjects.

Which of these statements is true in terms of data protection laws?

• Data protection laws prevent data breaches

• In order to use personal data, consent must always be obtained

• Data subjects have a right to have data corrected

• Organisations are not responsible for data outsourced to other companies

The Data protection laws state that:

• It is the responsibility of the data subject to ensure data is accurate

• Any data can be stored

• Data can be kept indefinitely

• Data must be relevant and not excessive

Answer explanation

Only relevant data can be collected under data protection laws. You cannot collect data just because you think it might be interesting!

The Copyright Design and Patents Act 1988 makes it illegal to:

• Gain access to secure systems with the intent to commit further offences

• Distribute malware

• Distribute intellectual property without permission of the author

• Install executable files on another computer that does not belong to you

Answer explanation

The Copyright Design and Patents Act 1988 makes it illegal to copy, modify or distribute software: music, video or other intellectual property without permission of the author. Creative Commons Licensing is a way to grant copyright permissions to others to your creative work.

A student creates a key logging application that sits unnoticed in the background on a PC in a school computer room. Later in the day the student accesses a log of the usernames and passwords entered during the day. Which Act makes this illegal?

• The Data Protection Act 2018

• The Computer Misuse Act 1990

• The Copyright Design and Patents Act 1998

• The Freedom of Information Act 2000

Answer explanation

Malware of all kinds is made illegal under the Computer Misuse Act 1990.

The Regulation of Investigatory Powers Act allows various public bodies the right to:

• Allow monitoring of an individual’s internet activities

• Data mining

• Prevent individuals from entering or leaving the UK

• Close down companies who violate the law

Answer explanation

The Regulation of Investigatory Powers Act is legislation which regulates the powers of public bodies to carry out surveillance and investigation, and covering interception of communications.

A student copies music from a CD to play on their mobile phone. Which law might have been broken?

• The Freedom of Information Act 2000

• The Computer Misuse Act 1990

• The Data Protection Act 2018

• The Copyright Design and Patents Act 1998

Answer explanation

The Copyright Design and Patents Act 1998 makes it illegal to copy music, video and software without the author's permission.

Which of these statements is true in terms of data protection laws?

• A data subject only needs to be excluded from marketing emails if they tick a box

• A data subject has to positively opt-in to marketing emails

• You can send marketing email to anyone you can obtain the email address of

• You cannot send marketing emails

Answer explanation

Spam email is a problem for most data subjects. The law has changed so that companies can only send you marketing emails if you positively opt in. It is no longer lawful to assume marketing emails can be sent unless the user unticks a box.

Which of these statements is true in terms of data protection laws?

• In order to use personal data, consent must always be obtained

• Organisations are not responsible for data outsourced to other companies

• Data protection laws prevent data breaches

• Data subjects have a right to have data corrected

Answer explanation

As a data subject, you have a right to have accurate data stored about you. However, there are many situations where consent does not have to be gained for storing that data. Data protection laws tell a company how to respond to data breaches, but it does not prevent them.