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DATA-PROTECTION  2000

DATA-PROTECTION 2000

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Subject:

Laws affecting IT

From:

"Chinery, Colin (Finance, IT - Solihull MBC)" <[log in to unmask]>

Reply-To:

Chinery, Colin (Finance, IT - Solihull MBC)

Date:

Wed, 23 Aug 2000 12:30:35 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (121 lines)

Thanks to all of you who responded so quickly.

I've summarised the results as follows:

Roger Cook gave the following list -

		Criminal Damage Act 1971 	- should staff bust up the
office computer

		Theft Acts 1984 & 1978 	- in case staff steal the processors
out the micro

		Police & Criminal Evidence Act 1984 - you need to know this
one because
		you may be the first on the scene if a computer crime has
been committed

		Telecommunications Act 1984 	- esp. the bit about use of
the PSTN for 
		illegal material (catches the emailers this one)

		Copyrights Designs & Patents Act 1988 	- software piracy,
etc

		Computer Misuse Act 1990 	- but S1 is thought to be
inoperative

		Civil Evidence Act 1995 	- useful for electronic
evidence in debt cases

		Data Protection Act 1998 	- you all know about this
one!!

		Human Rights Act 1998 	- still don't know how this is
supposed to work

		Electronic Communication Act 2000 		- digital
signatures, etc

		Regulation of Investigatory Powers Act 2000 	 the one
that allows MI5 to read your email. THIS HAS VERY SERIOUS IMPLICATIONS FOR
ALL ORGANISATIONS THAT USE EMAIL. CHECK IT OUT!
		 
		And last but by no means least, don't forget the Common Law
offence "Misuse of Public Office".  This is a neat one that applies to all
"public 
		 servants".  That includes Council staff, Councillors, Civil
Servants and 
		 even Cabinet Ministers.  If you cannot get them under the
DPA, you can 
		 probably get them under this offence.

Anne Kipling also included:

		Duration of Copyright and Rights in Performances Regulations
1995

		Copyright and Related Rights Regulations 1996

		Contempt of Court Act 1981

		Defamation Act 1996 (libel)

		Obscene Publications Act 1959 (pornography)

		Criminal Justice Act 1988 (child pornography)

		Protection from Harassment Act 1997

		Public Order Act 1986 (incitement of racial hatred)

		(Most of them are relevant to email and Internet use.)

Other correspondents listed the following 

		Freedom of Information

		The Companies Act (Duncan Smith said "... and if you're a
Director, don't forget the Companies Act requires you to safeguard
information (particularly finance information) from misuse (DPA 98 Principle
7 et al)

		Consumer Credit Act 1974

		The Telecommunications (Data Protection and Privacy)
Regulations 1999 

		Interception of Communications Act 1985

And for those of us in Local Government there is legislation such as the
Local Government Finance Act

Norma Martin mentioned the JANET factsheet "Computers and the Law" at

	
http://www.ja.net/documents/factsheets/computers_and_the_law.pdf

and Andrew Charlesworth referred to "New Developments in UK Internet Law" at

		http://www.jisc.ac.uk/pub00/smbp10.pdf

Thank you all very much for your help!


Colin Chinery
Data Protection & IT Training Officer
IT Division

Tel:  0121 704 6251   Fax:  0121 704 8034
[log in to unmask]





DISCLAIMER
"This e-mail and files transmitted with it are confidential and intended solely for the use of the individual to whom it is addressed. If you are not the intended recipient, please notify the sender immediately and delete the message. Any views or opinions presented are solely those of the author and do not necessarily represent those of Solihull Council."


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