ICT


      

  

Computer Misuse Act 1990

Data Protection Act 1984

Copyright, Designs & Patents Act 1988

Obscene Publications Act 1959 and 1964

Top

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

 

 

Top

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

 

Top

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.

 

Top

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.