Computers and The Law
Data Protection Act 1984
The "Data Protection Act 1984"
is intended to protect the individual from unauthorised use and
disclosure of personal information held on a computer system. It
consists of the following eight principles:
- The information to be
contained in personal data shall be obtained and the data
shall be processed, fairly and lawfully.
- Personal data shall be held
only for one or more specified and lawful purposes.
- Personal data held for any
purpose shall not be used or disclosed in any manner
incompatible with that purpose or those purposes.
- Personal data held for any
purpose shall be adequate, relevant and not excessive in
relation to that purpose or those purposes.
- Personal data shall be
accurate and, where necessary, kept up to date.
- Personal data held for any
purpose or purposes shall not be kept for longer than is
necessary for that purpose or those purposes.
- An individual shall be
entitled, at reasonable intervals and without undue delay
or expense, to be informed by any data user whether he
holds personal data of which that individual is the
subject, to have access to any such data, and where
appropriate, to have such data corrected or erased.
- Appropriate security measures
shall be taken against unauthorised access to, or
alteration, disclosure, accidental loss, or destruction
of personal data
Computer Misuse Act 1990
The "Computer Misuse Act 1990"
covers three offences
- Simple hacking, that is the
unauthorised entry to computer facilities via a computer.
- Unauthorised access with criminal
intent, that is hacking with the intention of
perpetrating a more serious crime.
- Unauthorised amendment or damage to
data and covers among other things the introduction of
viruses and time bombs.
Anyone convicted of an offence under this act can expect a fine of unlimited amount plus a prison sentence ranging up to a maximum of 5 years.
Anyone suspecting that an offence has been
committed should refer the matter to the Head Teacher.
Obscene
Publications Act 1959 and 1964
The "Obscene Publications Act 1959 and 1964"
states that an article shall be deemed to be obscene if its effect is such as to
tend to deprave and corrupt persons who are likely, having regard to all
relevant circumstances, to read, see or hear the matter contained or embodied in
it.
It is an offence to publish an obscene article or to have
an obscene article in ownership, possession or control with a view to publishing
it or, where the data is stored electronically, to transmit that data.
The "Telecommunications Act 1984" makes it an
offence to send 'by means of a public telecommunications system, a message or
other matter that is grossly offensive or of an indecent, obscene or menacing
character' and is an imprisonable offence with a maximum term of six months.
Copyright,
Designs & Patents Act 1988
The "Copyright, Designs & Patents Act 1988"
provides the same rights to authors of computer programs as literary, dramatic
and musical authors have to their works. Those rights extend for the life of the
author and for fifty years after the author's death.
Software is generally not sold outright to the purchaser.
Instead the purchaser is granted the right to use it as laid down in the user
licence. It is normally expected that only one person at a time will have access
to and use the software concerned. A network licence may be purchased, normally
at a reduced rate, for a defined number of users. A site licence may be
available to cover all (unlimited) users within the premises.
It is thus illegal to make copies of software without the
copyright owner's consent, or to duplicate software loaded on a hard disk for
use on any other personal computer unless allowed for under the licence.
Anyone convicted of an offence under this act can expect a
fine of unlimited amount plus a prison sentence ranging up to a maximum of 2
years.
