Issues and constraints in relation to the use of business information Legal Issues Data Protection Act 1998 The first legal issue that Strode has to consider is the Data protection Act 1998. Strode College collects and uses data about its staff, students and other individuals who come into contact with Strode.
Under the Data Protection Act the information must be collected and used fairly, stored safely and not disclosed to any other person unlawfully and the Data Protection Principles must be followed these include that the data shall: 0 be processed fairly and lawfully and shall not be processed unless certain conditions are met; 1 be obtained only for specified and lawful purposes and shall not be processed in any manner incompatible with those purposes; 2 be adequate, relevant and not excessive for those purposes; 3 be accurate and kept up to date; not be kept for longer than is necessary for those purposes; 5 be processed in accordance with the data subject’s rights under the Act; 6 be kept safe from unauthorised access, accidental loss or destruction;. 7 not be transferred to a country outside the European Economic Area, unless that country has equivalent levels of protection for personal data. Freedom of Information Act 2000 Another act that Strode College have to comply with is the Freedom of Information Act 2000; this act covers all information held by the college.
Strode’s duties under this act are: * To have a Publication Scheme * To provide advice and assistance * To confirm or deny the existence of an information record in writing * To respond and supply the required information within 20 working days (subject to a few exemptions) * Provided information in the form requested, where ‘reasonably practicable’ * Not to alter, deface, erase, destroy or conceal information to prevent disclosure (it is a criminal offence)
Copyright, Designs and Patents Act 1998 Strode also have to abide by the Copyright, Designs and Patents Act 1998, this act gives the creators of some types of media rights to control how they are used and distributed, this can include music, books, video and software. In relation to Strode College this includes coursework and information found online as this would be classed as copyright. Admissions Policy Strode College also has their own admissions policy the policy aims to ensure that: The principles enshrined in other relevant policies are enacted in the admissions process; * The principles upon which admissions decisions are based are transparent; * The Admissions Policy supports the provision of impartial information, advice and guidance to applicants; * There is a mechanism for appeal against an admissions decision; * Account is taken of the changing environment with regard to application numbers and limits; * The College encourages a balanced and diverse student body; * Students are recruited who will engage with, and contribute to, the College community. The policy is derived from the college mission statement and associated aims and ensures that all elements of the admissions process are open and transparent; recruitment is on the basis of fair and equal treatment and is a place where there are flexible learning opportunities for all abilities. In order to meet these aims the college encourage applications from all those with the motivation and ability to thrive at Strode College, they assess each application fairly and carefully and offer places to applicants who have the potential to achieve. Computer Misuse Act 1990
The final legal constraint Strode has to consider is the Computer Misuse Act 1990, this includes hacking, data misuse and unauthorised transfer or copying, copying and distributing copyrighted software, music and film, email and chat room abuses, pornography, identity and financial abuses and viruses. The act made three new offences: 1. Accessing computer material without permission, e. g. looking at someone else’s files. 2. Accessing computer material without permission with intent to commit further criminal offences, e. g. hacking into the bank’s computer and wanting to increase the amount in your account. 3.
Altering computer data without permission, e. g. writing a virus to destroy someone else’s data, or actually changing the money in an account. In order to comply with this act Strode has their own IT agreement for staff, the purpose of this agreement is to protect all staff in use of the college’s IT system, the integrity of the information held on that system and the safe use of the network. Violation of the agreement may result in disciplinary action, including dismissal, civil and criminal liability. Ethical Issues Use of email Internet and email can be a huge problems to organisations especially Strode College.
Email is only to be used for certain information and news; email should not be used to send large documents or attachments, to distribute committee papers, as a substitute for formal documents, for long term storage, for complicated queries, as a substitute for face to face, to shirk responsibility or for confidential information. If staff are found doing this it may result in a disciplinary or a written warning. Strode also have an IT user agreement for staff on what employees can and cannot use the internet for Whistle Blowing Information Ownership Task 6 Operational Policies