1CRIMINAL LAW Section A The Data Protection Act (DPA) is an Act of Parliament in the United Kingdom and it had been passed in the year 1998. The Data Protection Act is considered to be developed in order to govern or regulate how any personal information or customer information would be used by any of the government bodies or the organizations. In addition to such, it also protects the people or the individuals and lays down certain rules regarding how any data about the individuals can be used. This particular Act is considered to be applicable to the information or the data that can be stockpiled or put away in a computer or in any organized paper filing system that would be on the subject of the living people. The Data Protection Act is considered to be significant as it provides a certain kind of guidance regarding the rules for the organizations. Along with such it also empowers the government to follow any personal data that can be used which would involve regulation of any processing of the personal data (Calder 2018).There are a few differences that around the notification in the DPA as well as the GDPR. 1.It helps in protecting the rights relating to the data subject and along with such it also tries to enable the Data Protection Authority or the ICO in order to enforce the rules. Whereas, on the other hand, GDPR is a European Privacy Law and it increases the restrictions on the organization. 2.In addition to this, it tries to hold the organizations responsible or liable to fines in the event relating to the breach of certain rules. Similarly, GDPR on the other hand tries to provide awareness to the individuals. 3.There are few differences between the GDPR and the DPA as the GDPR is considered to be a regulation which is applicable directly under the UK law without any kind of domestic legislation. DPA on the other hand, is considered to be under the domestic law
2CRIMINAL LAW therefore, such would be applicable as long as the UK Parliament allows it. Furthermore, it would also be subjected to repeals or amendments. 4.The organizations in the DPA are obligated to register or notify the ICO, which is the Information Commissioner’s Office through certain online questionnaire, and after such the fees are to be paid (Woods 2017). In the case of GDPR, they are considered to provide a notification before any processing by the Data Controller if such has been removed. 5.The Data Controllers are considered to be under criteria that are more rigorous. It can also be understood that the Notification in order to carry out all the data was needed in order to process the personal data. On the other hand, the data processing in the GDPR is considered to legally occur only after any of the organization have examined or evaluated the impact regarding the processing of the data on the Data Subject. Along with such the security measures would also help to protect the data and try to use appropriate and current technical as well as organizational procedures which were considered to be in place (Addis and Kutar 2018). Source:data protection act images1998 logo - Google Search. (2020). Retrieved 20 March 2020 (2020). Retrieved 20 March 2020,
3CRIMINAL LAW Section B TheFreedomofInformationAct2000isconsideredtocoverthegovernment departments which are centralized and other executive agencies along with the public bodies, which they sponsor. This particular Act also covers the Parliament as well as the armed forces alongwithotherlocalauthorities,theNHS,theuniversities,theschoolsanddevolved administrations and the police forces. (i) The Freedom of Information Act is considered to provide various public access to the information, which are to be held by the several public authorities. These happen in two ways, which are through the public authorities who are considered to be obliged in order to publish definite material regarding their activities along with members of the public. They are entitled to request such information from the public authorities. The FOIA requests are not considered to be confidential once they have been received it becomes a public record of the USGS. If the request is considered to contain personally identifying information or if the request is considered to be sensitive then such an information may be redacted. In order to put forward a request it needs to be drafted. Along with such the public body needs to be contacted which would seek records. Subsequently after such a liason needs to be found and the request would be reviewed and submitted afterward once the FOI liason’s instructions have been given. (ii) These are considered to be sanctioned by the Information Commissioner and the general or the public authorities are considered to have twenty working days in order to respond to a
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4CRIMINAL LAW certain information request. Although the deadline can be considered to be extended in specific cases with the arrangement of the requester (Spiller and Whiting 2019). Source:(2020). Retrieved 20 March 2020. b) E-crime or the cyber-crime is considered to be the crime which are committed by using various means of technology and along with such the internet and the methods, which are used and implemented by the cyber criminals for an attack, is considered to be comparable to the physical traditional crimes by using or collecting various data. It can be understood from the case ofCox v Riley 1986. The traditional crime consists of violent, theft illegal activities and fraud and such can be understood from the case ofRedgrave v Hurd(1881) 20 Ch D 1. In the traditional crimes, they have similar motivation as the criminals, which includes boredom or vandalism or any political support or any malice. It can also be any monetary gain through extortion. Therefore, the traditional crimes are different from e-crimes. Section C The Computer Misuse Act 1990 is considered to look after and secure the personal data held by various organizations from various unauthorized access as well as modification. It also refers to entering of a computer system devoid of any kind of permission and these unauthorized access to the computer materials are considered to be done with the intention of committing a
5CRIMINAL LAW crime in future. The offences, which are introduced under the Computer Misuse Act 1990, are unauthorized access to the computer material and other unauthorized access with the purpose and objectiveofcommittingorexpeditingcommissionoftheoffencesfurtheralongwith unauthorized acts. regarding the intent to impair or be involved in recklessness for impairing the operation of the computer(Levi 2017).
6CRIMINAL LAW References (2020).Retrieved20March2020,fromhttps://www.google.com/search? sxsrf=ALeKk00DwiQBWvYmBE9vMqb0643Paq0jfw:1584687859603&q=freedom+of+inform ation+2000+images&tbm=isch&source=univ&sa=X&ved=2ahUKEwjH9M2nvqjoAhUQdCsKH TvfAagQsAR6BAgKEAE&biw=1366&bih=657#imgrc=ct6ebL7MWsAJvM (2020).Retrieved20March2020,fromhttps://www.google.com/search? q=gdpr+images&sxsrf=ALeKk01mmHmSG8BbL6SP3PGt161xVTfxrw:1584687992377&tbm= isch&source=iu&ictx=1&fir=U5u-cezTtUm1cM%253A%252CX2Y0hXDyE4cJlM %252C_&vet=1&usg=AI4_- kT1t4RBOzKsRZN_ZrGhef_XPsTpeA&sa=X&ved=2ahUKEwiN_fXmvqjoAhXRdCsKHeYPC NMQ9QEwCHoECAoQOg#imgrc=U5u-cezTtUm1cM: Addis, M.C. and Kutar, M., 2018, March. The general data protection regulation (GDPR), emergingtechnologiesandUKorganisations:awareness,implementationandreadiness. InProceedings of the UK Academy for Information Systems Conference Proceedings, Oxford, UK(pp. 20-21).https://aisel.aisnet.org/cgi/viewcontent.cgi?article=1028&context=ukais2018 Calder,A.,2018.EUGDPR:apocketguide.ITGovernancePublishingLtd. https://books.google.co.in/books? hl=en&lr=&id=e2xvDwAAQBAJ&oi=fnd&pg=PT7&dq=Calder,+A.,+2018.+EU+GDPR: +a+pocket+guide. +IT+Governance+Publishing+Ltd.&ots=fTgHcM80kw&sig=y9FoaWO0UNZ5YebWuR7SpLL2 PHg#v=onepage&q=Calder%2C%20A.%2C%202018.%20EU%20GDPR%3A%20a%20pocket %20guide.%20IT%20Governance%20Publishing%20Ltd.&f=false
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7CRIMINAL LAW Computer Misuse Act 1990. Cox v Riley 1986. Data Protection Act 1998. data protection act images1998 logo - Google Search. (2020). Retrieved 20 March 2020, from https://www.google.com/search? q=data+protection+act+images1998+logo&sxsrf=ALeKk02SvRm2X2FzDsEZmdobH0dXqr0kR w:1584687587754&tbm=isch&source=iu&ictx=1&fir=WaGHLPu3zUPpeM%253A %252C1w1IbobicKpoKM%252C_&vet=1&usg=AI4_- kQEfwMsjIgpvj1dA0x3rRLB7ZXOgA&sa=X&ved=2ahUKEwjSxP2lvajoAhVSOSsKHaN8Ck gQ9QEwAnoECAYQCQ#imgrc=WaGHLPu3zUPpeM: Freedom of Information Act 2000. Levi, M., 2017. Assessing the trends, scale and nature of economic cybercrimes: overview and issues.Crime,LawandSocialChange,67(1),pp.3-20. https://link.springer.com/article/10.1007/s10611-016-9645-3 Redgrave v Hurd(1881) 20 Ch D 1. Spiller, K. and Whiting, A., 2019. UK experience of Freedom of Information as a method of enquiry. InFreedom of Information and Social Science Research Design(pp. 38-49). Routledge. https://www.emerald.com/insight/content/doi/10.1108/978-1-78973-077-720191011/full/html Woods, L., 2017. United Kingdom: Heading towards Brexit but with a Data Protection Bill ImplementingGDPR.Eur.DataProt.L.Rev.,3,p.500. https://link.springer.com/book/10.1007%2F978-981-15-1888-1