Module 2 - Syllabus 4.5 updates

The following extracts are written to the Syllabus 4.5 specifications and affect Section 1 of the Module 2 Using the Computer and Managing Files chapter of the Training for ECDL Syllabus 4.0 manual.

1.1.1 Laws and Guidelines Affecting Use of IT (2.1.1.1)

There are many laws that govern the use of IT: 

• The Data Protection Act 1998
• The Computer Misuse Act
• Copyright Laws
• Health and Safety Laws

The Data Protection Act 1998

 The first Data Protection Act came into being in 1984 but this has since been superseded by the Data Protection Act passed in 1998. The main reason for creating the Data Protection Act was to regulate the use and access of computerized information. The Act ensures that data held electronically or manually must conform to the eight principles of the Act (shown below). In the UK and most European countries, a data user must register with the Information Commissioner (formerly referred to as The Data Protection Registrar). The ICO (Information Commissioner’s Office) has legal powers to ensure that organisations comply with the requirements of the Data Protection Act. Failure to meet the conditions of the Act is likely to lead to further enforcement action by the ICO and could result in prosecution by the Office. The Data Protection Act 1998 has been updated to include regulations that affect data storage in any form (not just electronic) and also the exchange of information internationally. Extracts from the eight principles of the Data Protection Act 1998 are listed below:

1. Data must be obtained and processed fairly and lawfully, and cannot be processed unless one of the following is true:

• The Data Subject has given consent.
• For entering into a contract with the data subject.
• The processing is necessary for legal reasons or to protect the interests of the data subject (e.g. disclosure of medical history in event of a life and death situation or for the administration of justice or Governmental reasons)

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed

4. Data must be accurate and up-to-date.

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes

6. Data must be processed in line with the data subject’s rights.

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data

8. Personal data shall not be transferred to a country or territory outside the European Economic Area, unless that country or territory ensures an adequate level of protection of the rights and freedoms of data subjects in relation to the processing of personal data

There are some exceptions to the Data Protection Act 1998 – these include:

• Personal, family and household use of your information
• Safeguarding national security
• Information available to the public by law
• Use of your information for the purposes of journalism, literature or art
• The prevention and detection of crime and the apprehension or prosecution of offenders
• The assessment or collection of taxes
• Regulatory activity designed to protect the public and other bodies such as charities against, for example, financial loss due to dishonesty or malpractice by those involved in financial services or seriously improper conduct by professional people
• Use of your information for research, historical or statistical purposes
• Disclosures required by law or order of a court or where it is necessary to disclose your information in connection with legal proceedings, to obtain legal advice or is otherwise necessary to establish, exercise or defend legal rights
• Confidential references given by an organisation
• Records showing the intentions of organisations in relation to negotiations with you
• Management forecasting
• Examination scripts and marks
• Information covered by legal professional privilege
• Self-incrimination
• The combat effectiveness of the armed forces
• The appointment of Judges, QCs and honours
• Corporate finance services

If an individual or company is denied access to their personal information or they feel that information has not been used in accordance with the eight principles of the Act, they can contact the Information Commissioner’s Office for help. To find out more information on the Data Protection Act 1998 visit www.dataprotection.gov.uk

The Computer Misuse Act

The Computer Misuse Act 1990 makes provision for securing computer material against unauthorised access and modification. This makes it an offence to gain unauthorised access to a computer program or data and make modifications to the program and/or computerised data that will impair the operations of the computer, prevent access to a program or data, or make any data unreliable. Anyone found guilty of such as offence is liable to up to 6 months imprisonment or fine.

The three offences under this act are as follows:

• Unauthorised access to computer material – it must be proven that the person deliberately gained unauthorised access to the computer with intent to secure access to a program or data held in the computer. A person guilty of this offence will be liable to a term of imprisonment (up to 6 months) or a fine.
• Unauthorised access with intent to commit or facilitate commission of further offences - a person is guilty of this offence if he/she commits an offence under Section 1 (see above) with intent to commit an offence or facilitate the commission of an offence (whether by himself/herself or by any other person). A person guilty of this offence under summary conviction will be liable to imprisonment (up to 6 months) or a fine and on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.
• Unauthorised modification of computer material – a person is guilty of this offence if he/she knowingly does any act that causes an unauthorised modification of the contents of the computer (e.g to impair the operations of the computer, to prevent or hinder access to a computer program or computerised data, to impair the operation of any such program or the reliability of any such data). A person found guilty of this offence under summary conviction will be liable to imprisonment (up to 6 months) or a fine and on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.

For more information on the Computer Misuse Act 1990, visit www.hmso.gov.uk.

Company Policies

All companies should have an Acceptable Use Policy which sets out regulations for access to and use of the computer system. The policy should set out the rules and guidelines for the use of IT. These should include:

• User Access Rights – to limit access to confidential or sensitive data
• Passwords and IDs – for logging on to the system; should include guidance on regularly changing passwords.
• Confidentiality – of company data, such as staff details, clients details, new products etc
• Acceptable use of the computer system (e.g. use of Internet and email and company policy on online banking, e-commerce, online games, downloading software or other media)
• Penalties incurred for viewing or downloading offensive, obscene or inappropriate material

Copyright Laws

Copyright protects the rights of authors, composers, craftsmen and film makers and restricts copying of original work, issuing copies of work to the public, performing, playing or showing the work in public, broadcasting the work or including it in a cable programme, or adapting the work in any way. Copyright covers the following works:

• literary works (includes computer programs)
• dramatic works
• musical work or artistic works (buildings, architecture, graphic or photographic, sculpture or other work of artistic craftsmanship)
• sound recordings
• films, broadcasts or cable programmes.

Copyright expires at the end of 50 years after the original author’s demise; in the case of unknown authorship, copyright expires 50 years after the year that the work was made public. Literary, dramatic, musical or artistic work may be used for the purposes of research or private study. You may also refer to work for the purposes of criticism or review as long as it is accompanied by a sufficient acknowledgment (unless in the event of current reporting where no such acknowledgment is required). Copyright is not infringed if it is being copied for the purposes of education or examination, as long as it is done by the person giving or receiving instruction and not copied by reprographic means. It is illegal to copy software (called software piracy) or to circulate copies of software without the permission of the copyright owner. To find out more about software theft, visit www.fast.org.uk.

To find out more about copyright, visit www.opsi.gov.uk.

Health and Safety Laws and Guidelines

 It is vital that each member of staff within a company are aware of health and safety rules and regulations and that they know where to access relevant information pertaining to health and safety legislation. Any company, with 5 or more members of staff should have a Health and Safety Policy which should provide information on responsibilities of employer and employees in relation to own and others safety. It is important that computer users are aware of safe working techniques when using a computer. Ergonomics are an important consideration and should be considered when designing and setting up a computer workstation.

• Ensure that the desk is the right height and provides sufficient space for the keyboard, mouse and monitor or any other desk items.
• Ensure that the chair is adjustable and the correct height for the desk – does the chair have an adjustable back-rest which supports the back? Does the height of the chair enable enough leg room under the desk? A footrest should also be provided.
• Ensure that wrist rests are provided – these provide a cushioned support for the wrists and can help to reduce Repetitive Strain Injury (RSI). Elbows should be angled at 700 to 900 and wrists should be level with the keyboard.
• The monitor should be adjustable with the ability to tilt. The monitor should be adjusted so that the user is looking straight at the screen – you should not have to look up or down at the monitor. Monitor glare should be reduced by using a monitor filter and by positioning the computer so that there is no glare from windows (eye strain and headaches can be caused by screen glare). Using a document holder at the same level as the computer ensures minimum head and eye movements.

Other safety issues to consider when setting up or using a workstation is to secure trailing wires and ensure that there are sufficient sockets – never overload sockets as this may result in an electrical fire. Frequent breaks should be taken to reduce the risk of RSI, headaches and eye strain.

DSE (Display Screen Equipment) training is available and includes information on health and safety procedures connected with using a computer. A variety of resources providing advice and guidance, on health and safety in the workplace can be obtained from The HSE (hHealth and Safety Executive). The HSE can be contacted at www.hse.gov.uk.

The Health and Safety at Work (HASAW) legislation sets out health and safety responsibilities for both employees and employers and should form the basis of the company Health and Safety Policy. More information can be gained from www.hse.gov.uk

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