LO2: Legal Issues

Data Protection Act 1998 The Data Protection Act 1998 (DPA 1998) is an act of the United Kingdom (UK) Parliament defining the ways in which information about living people may be legally used and handled. The main intent is to protect individuals against misuse or abuse of information about them. The DPA was first composed in 1984 and was updated in 1998.

The fundamental principles of DPA 1998 specify that personal data must:

• be processed fairly and lawfully.
• be obtained only for lawful purposes and not processed in any manner incompatible with those purposes.
• be adequate, relevant and not excessive.
• be accurate and current.
• not be retained for longer than necessary.
• be processed in accordance with the rights and freedoms of data subjects.
• be protected against unauthorized or unlawful processing and against accidental loss, destruction or damage.
• not be transferred to a country or territory outside the European Economic Area unless that country or territory protects the rights and freedoms of the data subjects.

Freedom of information Act 2000  The Freedom of Information Act 2000 is an act of the United Kingdom (UK) Parliament defining the ways in which the public may obtain access to government-held information. The intent is to allow private individuals and corporations reasonable access to information while minimizing the risk of harm to any entity. The concept was first put forward in 1997, was passed in 2000 and came into full effect in 2005. A similar act was passed by the Scottish Parliament in 2002.

Computer Misuse Act 1990 The Computer Misuse Act 1990 (CMA) is an act of the UK Parliament passed in 1990. CMA is designed to frame legislation and controls over computer crime and Internet fraud. The legislation was created to:

• Criminalize unauthorized access to computer systems.
• Deter serious criminals from using a computer in the commission of a criminal offence or seek to hinder or impair access to data stored in a computer.

Copyright and Patents Act 1988 The Copyright, Designs and Patents Act 1988, is the current UK copyright law. It 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 will also have the right to be identified as the author and to object to distortions of his work.

Copyright arises when an individual or organisation creates a work, and applies to a work if it is regarded as original, and exhibits a degree of labour, skill or judgement.

Interpretation is related to the independent creation rather than the idea behind the creation. For example, your idea for a book would not itself be protected, but the actual content of a book you write would be. In other words, someone else is still entitled to write their own book around the same idea, provided they do not directly copy or adapt yours to do so.

Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements may be.

Normally the individual or collective who authored the work will exclusively own the rights. However, if a work is produced as part of employment then normally the work belongs to the person/company who hired the individual. For freelance or commissioned work, rights will usually belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service).

Only the owner, or his exclusive licensee can bring proceedings in the courts against an infringement.

References:

WhatIs.com. (2017). What is U.K. Data Protection Act 1998 (DPA 1998)? - Definition from WhatIs.com. [online] Available at: http://whatis.techtarget.com/definition/UK-Data-Protection-Act-1998-DPA-1998 [Accessed 4 Jul. 2017].

WhatIs.com. (2017). What is Freedom of Information Act 2000? - Definition from WhatIs.com. [online] Available at: http://whatis.techtarget.com/definition/Freedom-of-Information-Act-2000 [Accessed 4 Jul. 2017].

WhatIs.com. (2017). What is Computer Misuse Act 1990 (CMA)? - Definition from WhatIs.com. [online] Available at: http://whatis.techtarget.com/definition/Computer-Misuse-Act-1990-CMA [Accessed 4 Jul. 2017].

https://www.copyrightservice.co.uk/copyright/uk_law_summary [accessed on 4 July 2017]