ict and the law

1. ACE2159 ICT and the Law Week 7: Overview of Computing Law Tutor: Kerry Clamp K.Clamp@sheffield.ac.uk

2. ACE2159 Housekeeping Introductions Health and safety, fire procedures Weekly breakdown

3. ACE2159 Lecture Outline What is computer law? What is the scope for computing law? Geographical perspectives on computing law

4. ACE2159 What is computer law and what is its scope? (in 3�s 5 mins) �Effective and responsible use of computing technology can only come through an understanding of the legal setting in which it takes place� Bainbridge (2004: 5)

5. ACE2159 What is computer law Computer law is that branch of law which regulates the technological aspects of information The law which governs information processing

6. ACE2159 What is the scope of computer law? Protecting individuals and liberty: Human rights Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (not enforced in UK until November 2000) UK Human Rights Act 1998 Freedom of Information UK Freedom of Information Act 2000 (not in force until January 2005) Data Protection Data Protection Act 1998 (extended the scope of data protection beyond automatically processed data) The Privacy and Electronic Communications Regulations 2003 � EC Directive Health and safety UK Health and Safety at Work Act 1974, supplemented by UK Health and Safety (Display Screen Equipment) Regulations 1992 Rights of disabled people Disability Discrimination Act 1995 and 2004

7. ACE2159 What is the scope of computer law? Protecting property and ownership Intellectual property rights Registered Designs Act 1949 Design Rights (Semiconductor) Regulations 1989 Patents Act 1977 Trade Marks Act 1994 Copyright, Designs and Patents Act 1988 amended by: Copyright (Computer Programmes) Regulations 1992 Copyright and Rights in Databases Regulations 1997 EC Directive on the Harmonisation of certain aspects of copyright and related rights in the information society 2001 (should have been implemented in EC countries in 2002; is proving controversial and has not yet been implemented in UK law)

8. ACE2159 What is the scope of computer law? Protecting property and ownership Contracts for computer systems and software Supply of Goods and Services Act 1982 (Software) Sale of Goods Act 1979 (Hardware) Misrepresentation Act 1967 (Hardware) Electronic commerce and contracting Consumer protection � Distance Selling Regulations 2000 Torts Civil liability may attach to a person independently of the existence of a contract; I.e negligence, defamation, malicious falsehood and nuisance

9. ACE2159 What is the scope of computer law? Outlawing criminal behaviour and computer misuse Unlawful access to data and systems Hacking and viruses Criminal Damage Act 1971 was insufficient and replaced by Computer Misuse Act 1990 is now in urgent need of reform, but Computer Misuse (Amendment) Bill 2002 was not passed by parliament Unlawful data use and data publication Obscenity and pornography Obscene Publications Act 1959 Protection of Children Act 1978 Criminal Justice Act 1988 e.g. Harassment Telecommunications Act 1984 Protection from Harassment Act 1997 Spamming Identity theft

10. ACE2159 Geographical Perspectives Not all laws apply across all the UK, for example: Scottish law has developed separately from English criminal law Freedom of Information (Scotland) Act, 2002, differs significantly from the UK FoI Act 2000 Scottish, Welsh and Northern Ireland parliaments and assemblies have some different law making powers

11. ACE2159 Geographical Perspectives:not all laws apply across the UK. The Scotland Act devolves certain law making powers: Devolved matters Health and personal social services Education and training Local government Housing Aspects of economic development Environment Agricultural fisheries, food and forestry Sport and the arts Civil and criminal law (in Scotland only) The Scottish parliament can also vary the ordinary rate of Income tax by 3p Matters �reserved� to Westminster Constitutional matters Foreign policy, defence and relations with the EU Macro � economic policy and taxation (apart from the right to vary income tax by 3p) Overseas trade Employment regulation Social security broadcasting

12. ACE2159 Geographical Perspectives Approaches to law differ across Europe, e.g. Data Protection laws: Gathering and storing sensitive data - France, Luxemburg, Denmark have stringent provision - British law protects sensitive data when Secretary of State says so - German law does not recognise sensitive data Subject rights - many countries require subjects to be informed that data is held about them - no such obligation in Britain, Ireland, Greece, Portugal

13. ACE2159 Geographical Perspectives US law can be very different from Europe, e.g. US Privacy Laws have approached the issue of privacy rights by sector � The Fair Credit Reporting Act of 1970 The Cable Communications Policy Act of 1984 The Electronic Communications Privacy Act of 1986 The Video Privacy Protection Act 1988 The Telephone Protection Act 1994

14. ACE2159 Geographical Perspectives There are significant dangers to this piecemeal approach: Consumer confusion Consumers are rarely aware when companies are collecting their personal information and are unaware of what the information will be used for Absence of regulation

15. ACE2159 Summary As a result of this lecture you should have: A general understanding of what computer law is and what it involves An understanding that UK computer law is influenced by the EU An understanding that computer law varies between jurisdictions