Digital Literacy and the Law

1 Name the law that would be broken by a student who guesses another student's password and reads their files. 1

One mark for each of the following, to a maximum of 1.

• Computer Misuse Act 1990

Model answer. The Computer Misuse Act 1990, which makes unauthorised access to computer material a criminal offence even when nothing is changed or taken.

2 State three principles that organisations must follow under the Data Protection Act 2018. 3

One mark for each of the following, to a maximum of 3.

• Data must be used fairly and lawfully
• Data must be adequate and not excessive, collected for a specified purpose
• Data must be kept secure, accurate, and not kept longer than necessary

Model answer. Organisations must use personal data fairly and lawfully, and only for the specific purpose they stated when they collected it. They must collect only data that is adequate and relevant for that purpose and not excessive, so they cannot gather extra information just in case it might be useful. They must also keep the data accurate and up to date, store it securely so it cannot be stolen or lost, and delete it once it is no longer needed for the purpose it was collected for.

3 Explain what is meant by the digital divide and describe one group it affects. 3

One mark for each of the following, to a maximum of 3.

• The gap between those with reliable access to technology and those without
• Names a specific affected group
• Explains a consequence for that group

Model answer. The digital divide is the gap between people who have reliable access to technology and the internet, along with the skills and confidence to use them, and people who do not. It matters because more and more essential services assume that everyone is online. One group strongly affected is students in low income households, who may share a single device between several family members or have no home broadband at all. When homework is set online and lessons rely on digital resources, those students fall behind not because of ability but because of access, and the gap widens over time.

4 A council is planning to move all its services online so that residents must use a website. Discuss the advantages and disadvantages of this decision. 8

One mark for each of the following, to a maximum of 8.

• Advantage: cheaper to run than staffed offices
• Advantage: available at any time rather than only office hours
• Advantage: faster processing and easier tracking of requests
• Disadvantage: excludes residents without internet access or devices
• Names a specific affected group such as elderly or low income residents
• Raises data protection responsibilities for personal data collected
• Gives both sides rather than only one
• Reaches a clear conclusion with a recommendation

Model answer. Moving council services online brings real advantages. Running a website costs far less than staffing offices across the borough, and those savings can be spent on other services. The site is available at any hour, so a resident working shifts can report a problem at eleven at night rather than taking time off work, and requests submitted online can be logged, tracked and processed automatically, which is quicker and less error prone than paper forms. However, the decision has serious disadvantages. Not every resident has a reliable internet connection, a suitable device, or the confidence to use one, and the people most likely to be excluded are elderly residents, people on low incomes and those in rural areas with poor broadband. These are frequently the same residents who most need council support, so a digital only service risks becoming hardest to reach for the people who depend on it most. There is also a legal dimension: the council will be collecting large amounts of personal data including addresses, financial details and information about vulnerable people, so under the Data Protection Act 2018 it must keep that data secure, use it only for the stated purpose and not retain it longer than necessary, and a breach would be both damaging and expensive. Overall the council is right to develop online services, because the cost savings and the convenience for the majority are substantial, but it would be wrong to make them the only option. The best approach is to build the website properly while keeping a telephone line and a staffed counter available, and to fund support that helps residents get online, so that nobody loses access to services they are entitled to.

5 Explain why using an image from a search engine in a website you publish may be illegal. 3

One mark for each of the following, to a maximum of 3.

• Images are protected by copyright
• The creator owns the work and permission is needed to use it
• Names the Copyright, Designs and Patents Act 1988 or suggests using Creative Commons images instead

Model answer. Images found through a search engine are almost always protected by copyright, which belongs to whoever created them. The Copyright, Designs and Patents Act 1988 makes it illegal to copy, publish or distribute someone else's work without their permission, and publishing an image on a public website counts as exactly that. Using the image without a licence could result in the site being taken down or a demand for payment. The safe alternatives are to take or create the image yourself, to use images released under a Creative Commons licence while following whatever conditions the creator set, usually crediting them, or to use a stock library that explicitly permits the use.