Forensic Science Informatics Computers & The Law Powerpoint

Computers & The LawDavina, James, harriet, Kira and samar,[object Object],Data Protection Acts 1984, 1988,[object Object]

What’s it all about then?,[object Object],The Data Protection Act (DPA) is a law specially designed to protect personal data stored on computers or in an organised paper filing system. It does this by controlling the way in which information is handled & gives legal rights to people who have information stored about them. Other European union countries have passed similar laws as information is often held in other countries. ,[object Object],During the second half of the 20th century, businesses, organisations and the government began using computers to store information about their customers, clients and staff . Such information could include:,[object Object],Name Address,[object Object],Contact Information Employment History,[object Object],Medical conditions Convictions,[object Object],Credit History,[object Object]

Eight Principles When Handling Data,[object Object],Data should be:,[object Object],Fairly & lawfully processed.,[object Object],Processed for limited purposes.,[object Object],Adequate, relevant & excessive.,[object Object],Accurate & up-to-date.,[object Object],Not kept for longer than necessary.,[object Object],Secure.,[object Object],Not transferred to other countries without adequate protection.,[object Object]

What happens if ya get caught!......Penalties,[object Object],Between Nov 2002 & Jan 2006:,[object Object],The ICO brought 25 prosecutions to crown magistrates courts of which 2 were withdrawn, 1 discontinued.,[object Object],Of the 22 cases: ,[object Object],1 was absolute discharge.,[object Object],5 received conditional discharge. ,[object Object],The defendant in these 6 cases received between £0 & £1,200 but no fines were imposed.,[object Object],A further 9 were fined between £50 – £150 per offence. Where multiple offences occurred a max of £2,000-£3,000 was imposed.,[object Object],Of the remaining 7, 1 was fined £300 for 10 offences & had to pay a £5,000 court fee.,[object Object],Only 2 out of 22 cases produced fines amounting to more than £5,000.,[object Object]

Big Bruva’s watchin you, Espanola Style!,[object Object],Spain’s Supreme Court confirmed the highest ever fine imposed by the country’s DPA.,[object Object],Zeppelin TV S.A. (Producers of Spain’s BB were fined €1,081,822.00 for breaching 4 elements of the DPA in which they failed to protect personal data of people applying to take part in the programme.,[object Object]

Got a mobile, think you’re safe!......Maybe not!!!,[object Object],Staff at T-Mobile passed on millions of records from thousands of customers to 3rd party brokers who subsequently sold the data onto other phone companies.,[object Object],A T-mobile spokesman made the comment that the information was sold, without their knowledge.,[object Object],This case illustrates why there should be a prison sentence in order to deter individuals from selling private data to 3rd parties.,[object Object]

What they want to do next!.....Proposed Changes,[object Object],ICO has submitted a report named ‘What price privacy?’ (Published 2006) in which he proposes a 2 yr imprisonment &/or fine for indictment & 6 months imprisonment &/or fine for summary convictions.,[object Object],Law firms could face a £500,000 fine if they lose unencrypted laptops or data sticks containing personal information, under new proposals.,[object Object],A government consultation sets out new powers for the information commissioner to levy hefty fines on organisations that breach the Data Protection Act 1998.,[object Object],The £500,000 maximum fine could be imposed for any ‘serious’ breach of data protection that caused ‘substantial damage or distress’, if the firm was reckless or deliberate in allowing the breach to occur.,[object Object]

Nothin’s ever perfect.... Limitations,[object Object],The last time the Act was revised was in the 80’s, therefore a lot of it’s content could now be irrelevant or conversely, new advances in technology may not be covered by the Act.,[object Object],There has been no formal tariff of financial penalties on which fines can be issued. Therefore the Information Commissioner has to rely purely on enforcement notices to make organisations comply with the law.,[object Object],Because of the lack of severity of punishment for breaking laws under this act, we could argue that they are not a worth while deterrent as the potential reward outweighs the punishment. ,[object Object],Even if the proposed changes become law, multi million pound companies such as Linklaters (largest law firm in the UK) who received income of £453.3 million alone from their corporate department between 08-09 may not be swayed because the ratio of fine to income is negligible.,[object Object]

Resources/Further Reading,[object Object],http://www.opsi.gov.uk/Acts/Acts1998/ukpga_19980029_en_2#pt1-l1g1,[object Object],http://www.ico.gov.uk/upload/documents/library/corporate/research_and_reports/what_price_privary.pdf,[object Object],http://www.lawgazette.co.uk/news/law-firms-face-hefty-fines-data-loses,[object Object]

Forensic Science Informatics Computers & The Law Powerpoint

Forensic Science Informatics Computers & The Law Powerpoint

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Forensic Science Informatics Computers & The Law Powerpoint