Legislation and Regulation
Investigatory powers act 2016
The Investigatory Powers Act 2016 is a UK law allowing authorities to collect and access large amounts of communications data, including internet history. It permits hacking devices and networks for investigations, mandates the storage of internet connection records for up to 12 months, and requires warrants for surveillance, overseen by a judge and a Secretary of State. It aims to enhance national security but has faced criticism for potential privacy violations due to its extensive surveillance powers.
Freedom of information act 2000 - processes(responding/requesting)
Requesting Information:
· Individuals can ask public authorities for information in writing.
· Specify details to help find the information.
· Requests can be sent via email, letter, or online.
Authority's Response:
· Authorities must reply within 20 working days.
· They provide the information if not exempt.
· Exemptions include personal data or national security matters.
· If denied, reasons must be given.
· Requesters can appeal to the ICO.
· Fees might apply, but limits exist.
· Extensions are possible for complex requests.
In essence, the Act allows people to ask public bodies for information, and authorities must respond within a set time, providing information unless it falls under specific exemptions. If denied, reasons and appeal options are given.
Data protection act - DPA (1998)
The Data Protection Act (DPA) of 1998 was a UK law that regulated how personal information was handled. It set rules for organizations to follow when processing personal data, granted individuals rights over their data, identified sensitive information types, controlled data transfers outside the EU, and enforced penalties for non-compliance. Its main goal was to ensure fair and secure use of personal data by organizations and the government.
General data protection regulations - GDPR (2018)
The GDPR, implemented in 2018, is an EU law protecting people's personal data. It requires organizations to handle data transparently and lawfully, collect only what's needed, and ensure accuracy. Individuals have rights to access, correct, and delete their data. Organizations must comply, appoint Data Protection Officers in some cases, and face hefty fines for violations. It's about giving control of personal data back to individuals and holding organizations accountable for how they use it.
Computer misuse act - CMA (1990)
computer Misuse Act (CMA) of 1990 in the UK makes it illegal to access computer systems without permission, to access systems with intent to commit crimes, or to impair computer operations. It outlines penalties for such offenses and has been updated to cover various cybercrimes, aiming to prevent unauthorized access and protect digital systems.
Fraud act (2006)
The Fraud Act 2006 in the UK covers different types of fraud:
· False Representation: Making false statements or lies to make someone do something that causes a loss.
· Failure to Disclose Information: Not sharing important information when required, leading to someone else's loss.
· Abuse of Position: Misusing a position of trust to gain or cause a loss to others.
· Articles for Fraud: Possessing, making, or distributing items intended for fraudulent use.
· Dishonest Obtaining of Services: Getting services dishonestly without intending to pay for them.
This law focuses on prosecuting individuals engaged in deceitful activities, aiming to cover various fraudulent behaviours under clear legal definitions.
Digital economy act (2017)
The Digital Economy Act 2017 is a UK law focusing on digital issues. It aims to improve broadband access, enforce age verification for online pornography (though this part wasn't implemented), tackle online copyright infringement, facilitate data sharing for public services, update electronic communications regulations, and promote digital government services.
Copyright, designs, and patents act (1988)
The Copyright, Designs, and Patents Act (1988) is a law in the UK that protects original creations like music, art, and writing, giving creators exclusive rights over their work. It also covers the appearance of products and the rights of inventors for their new creations. This law encourages innovation while safeguarding the rights of creators and inventors.
Waste electrical and electronic equipment (WEEE) directive (2012)
The WEEE Directive (2012) requires manufacturers to take responsibility for collecting and recycling electronic waste. Products show a symbol telling consumers not to dispose of them with regular trash. It sets recycling standards and targets to reduce environmental impact, promoting a circular economy by reusing and recycling electronic equipment.
Human rights act 1998
The Human Rights Act 1998 incorporates the European Convention on Human Rights into UK law. It outlines fundamental rights and freedoms, requires public authorities to respect these rights, allows challenges to public bodies for violations, and permits courts to interpret laws in line with human rights. It aims to protect individuals' rights while balancing various interests, impacting UK law significantly.
Draft online harms bill (May 2021)
The Draft Online Safety Bill (May 2021) aims to make online platforms responsible for user safety. It requires platforms to prevent harm by taking measures against illegal content and risks like cyberbullying. An independent regulator will enforce rules, larger platforms face stricter obligations, and transparency reports will show actions taken. It aims to balance safety with freedom of expression and privacy.
Health and safety at work act - HSWA (1974)
The Health and Safety at Work Act (HSWA) 1974 in the UK is all about keeping people safe at work. It says that employers must make sure the workplace is safe and healthy for everyone there. Employees also have a responsibility to look out for their own safety and follow safety instructions. The law requires employers to check for risks, give proper training, and provide necessary information to keep everyone safe. If they don't follow these rules, they can face penalties. Essentially, it's about making sure everyone stays safe and healthy while working.
European convention on human rights - article 8 (1974)
ECHR Article 8 protects your privacy, family life, home, and correspondence. It guarantees that your personal life, relationships, home, and communications should be respected and free from unnecessary intrusion by the government or others. However, there can be exceptions for reasons like national security or public safety, but these exceptions must be fair and justified.
Freedom of information act 2000
The Freedom of Information Act 2000 (FOIA) is a UK law that provides public access to information held by public authorities. It allows individuals to request information from public bodies, such as government departments, local authorities, and certain other organizations. The aim is to promote transparency and accountability by granting individuals the right to access official information, subject to certain exemptions and limitations.
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