KS41CP2 5.2 24 min read 10 question quiz 16 exam marks

Legislation and Privacy

The Acts you must be able to name and apply, what each one actually makes unlawful, and the difference between open source and proprietary software licensing.

The Acts

Data Protection Act 2018

Governs how organisations collect, store and use personal data, implementing the UK's version of GDPR. Data must be:

  • processed lawfully, fairly and transparently,
  • collected for a specified purpose and not used for an unrelated one,
  • adequate and limited to what is necessary,
  • accurate and kept up to date,
  • kept no longer than necessary,
  • kept secure.

It also gives individuals the right to see the data held about them, to have inaccurate data corrected, to have data erased where there is no longer good reason to keep it, and to object to certain uses.

Computer Misuse Act 1990

Creates three offences:

  1. Unauthorised access to computer material.
  2. Unauthorised access with intent to commit a further offence.
  3. Unauthorised modification of computer material, which covers deleting files and spreading malware.

The decisive word in all three is unauthorised. Penetration testing carried out with written permission is lawful; the identical actions without permission are not.

Copyright, Designs and Patents Act 1988

Protects the creator's ownership of original work, including software, music, images, video and text. Copying, distributing or adapting protected work without permission is an infringement. Software is protected as a literary work, which is what gives licence terms legal force.

Apply the Act, do not just name it

"This is an offence under section 1 of the Computer Misuse Act 1990, because the employee accessed records they had no authorisation to see" is a full answer. "It is illegal" is not.

The four Acts that cover computing in the UKFour Acts of UK law that apply to computing. The Computer Misuse Act 1990 covers unauthorised access to a computer, access with intent to commit a further offence, unauthorised changes to data, and making or supplying hacking tools; it is the Act for hacking, malware and using somebody else's login. The Data Protection Act 2018 and UK GDPR govern how organisations handle personal data about living people, requiring it to be used fairly and lawfully, collected for a stated purpose, kept accurate and no longer than needed, kept secure, and made available to the person it is about. The Copyright, Designs and Patents Act 1988 protects original work automatically, including code, music, images and text, for the author's life plus seventy years, and is breached by copying or sharing without permission. The Freedom of Information Act 2000 gives a right to ask public bodies such as councils, schools, the NHS and the police for the information they hold, with a reply due within twenty working days, though personal data is exempt.Which Act covers which offenceComputer Misuse Act 1990Unauthorised access to a computerAccess with intent to commit a crimeUnauthorised changes to dataMaking or supplying hacking toolsHacking, planting malware, usingsomebody else's loginData Protection Act 2018 / UK GDPRData used fairly and lawfullyCollected for a stated purposeKept accurate and no longer than neededKept secure, and the right to see itHow an organisation must handlepersonal data about living peopleCopyright, Designs and Patents Act 1988Protects original work automaticallyCovers code, music, images, textLasts the author's life plus 70 yearsBreached by copying or sharing itPiracy, using an image withouta licence, copying source codeFreedom of Information Act 2000A right to ask public bodies for dataCouncils, schools, the NHS, policeThey must reply within 20 working daysPersonal data is exemptAsking a public body what it holds,not a private company
Step through the four Acts. Most marks are lost by naming the right Act for the wrong offence, so learn these by the offence rather than by the title.

Software licensing

Proprietary software is supplied under a licence that restricts what you may do with it. The source code is not provided, you may not modify or redistribute it, and the number of installations is usually limited.

Open source software is supplied with its source code, under a licence permitting use, modification and redistribution.

ProprietaryOpen source
Source codeNot providedProvided
ModificationNot permittedPermitted
RedistributionNot permittedPermitted
CostUsually paidUsually free of charge
SupportFrom the vendor, often contractualFrom the community, no guarantee
DevelopmentBy one company on its own scheduleBy anyone, often faster on fixes
Open source does not mean free of charge

It means the source is open. Some open source software is sold with a support contract, and plenty of free software is not open source at all. Edexcel distinguishes the two.

Choosing between them

For a school, the argument for open source is cost and freedom to install on any number of machines. The argument against is support: nobody is contractually obliged to fix anything, so the school depends on its own technical staff. For a hospital running critical systems, a support contract with guaranteed response times may be worth far more than the licence fee saved.

Proprietary against open source softwareTwo kinds of software licence compared. Proprietary software is sold as a finished program, shown as a locked box called app dot exe. The source code is hidden, you may not modify it, you may not share copies, it is usually paid for, and support comes from the company. Open source software comes with its source code, shown as a window of readable code. The source is provided, you may modify it, you may share copies, it is often free, and support comes from the community. A reminder at the bottom says that open source does not mean free of charge: it means the source code is open.Proprietary1app.exeyou get the finished program onlySource codehiddenModify itnot allowedShare copiesnot allowedCostusually paidSupportfrom the companyOpen source2app.pydef greet(name):    return 'Hi ' + nameyou get the source code as wellSource codeprovidedModify itallowedShare copiesallowedCostoften freeSupportfrom the community3Open source does not mean free of charge. It means the source code is open.
  1. Proprietary software is a finished program. The source code is hidden and the licence limits what you may do.
  2. Open source software comes with its source code, and the licence lets you modify it and share copies.
  3. Open source does not mean free of charge. It means the source code is open.
For a school with little money open source is attractive, but proprietary software comes with a company that must fix problems.

Privacy in practice

Legislation sets the floor. In practice, most privacy loss happens through choices that are entirely lawful.

Data collected as a by-product. Location history, search terms and browsing are collected because the service works better with them, and then retained.

Consent that is not really a choice. A service that is unusable without agreeing to tracking has not obtained a meaningful choice, which is why data protection law requires consent to be freely given.

Aggregation. Individually harmless pieces of data combine into something that is not. Where you are each morning, what you buy, who you message and what you search for together identify you far more precisely than any single one of them.

Permanence. Data once released cannot be recalled. A leaked dataset is copied within hours, and no legal remedy puts it back.

The three questions worth asking of any system

What data is collected, who can see it, and what happens when it leaks. An answer that addresses all three is complete, and one that addresses only the first is not.

Your data trail, the profile it builds, and who uses itHow your data is collected and used. Everything you do online leaves a trail: the posts and photos you share, your searches, your purchases, your location and the cookies that websites store. That trail is put together into a profile, for example likes football, age 13 to 15, lives near London, buys trainers, watches gaming. The profile is used by advertisers to show you targeted ads, by websites and apps to recommend things, and by data brokers who sell it on. You stay in control through privacy settings, by limiting cookies and by thinking before you post.Your data trailPosts and photoswhat you shareSearcheswhat you look forPurchaseswhat you buyLocationwhere you goCookiessites remember youYour profilebuilt from the traillikes footballage 13 to 15lives near Londonbuys trainerswatches gamingWho uses it£Advertisersshow you targeted adsWebsites and appsrecommend things£Data brokerssell your profile onYou stay in control:privacy settingslimit cookiesthink before you post123
  1. Everything you do online leaves data behind: posts, searches, purchases, location and cookies.
  2. Companies join the pieces into a profile of you.
  3. Advertisers, websites and data brokers use the profile, to sell to you or to sell it on.
Your data trail is permanent and valuable. Privacy settings and care about what you share are how you control it.

Key terms you must be able to define

Data Protection Act 2018
Legislation governing how organisations collect, store and use personal data.
Personal data
Information that can be used to identify a living individual.
Computer Misuse Act 1990
Legislation creating offences of unauthorised access to and modification of computer material.
Copyright, Designs and Patents Act 1988
Legislation protecting ownership of original work, including software.
Proprietary software
Software supplied without source code under a licence restricting modification and redistribution.
Open source software
Software supplied with source code under a licence permitting modification and redistribution.
Consent
Permission that must be freely given, specific and informed for data processing to be lawful.

Flashcards

Say the definition out loud before you flip the card. Retrieving it from memory is what builds recall, reading it again is not.

DefineData Protection Act 2018
AnswerLegislation governing how organisations collect, store and use personal data.
DefinePersonal data
AnswerInformation that can be used to identify a living individual.
DefineComputer Misuse Act 1990
AnswerLegislation creating offences of unauthorised access to and modification of computer material.
DefineCopyright, Designs and Patents Act 1988
AnswerLegislation protecting ownership of original work, including software.
DefineProprietary software
AnswerSoftware supplied without source code under a licence restricting modification and redistribution.
DefineOpen source software
AnswerSoftware supplied with source code under a licence permitting modification and redistribution.
DefineConsent
AnswerPermission that must be freely given, specific and informed for data processing to be lawful.

Reach the top grade on this topic

Legislation questions are applied questions, and the marks are for applying rather than reciting.

Name the Act and the specific breach. Which Act, which principle or offence, and which fact in the scenario triggers it.

Distinguish the Acts cleanly. Personal data is the Data Protection Act. Unauthorised access is the Computer Misuse Act. Copying software or music is the Copyright Act. Mixing them up loses the mark even when the reasoning is sound.

Get licensing right. Open source means the source is available and may be modified, not that it costs nothing, and the disadvantage that carries marks is the absence of guaranteed support.

Mistakes that cost marks here

Avoid these
  • Saying open source means free of charge.
  • Using the Data Protection Act for a hacking scenario, or the Computer Misuse Act for a data handling one.
  • Saying an organisation may keep personal data indefinitely. It must be kept no longer than necessary.
  • Forgetting that authorisation is what makes penetration testing lawful.
  • Naming an Act without saying what in the scenario breaches it.
Fun fact

The Computer Misuse Act exists because of a prosecution that failed. Two journalists accessed a mailbox belonging to the Duke of Edinburgh in 1984, and the courts found no law clearly covered it. Parliament wrote one.

Knowledge check

0 of 10 answered
1Under which Act would somebody be prosecuted for accessing a school system without permission?
2Which Act requires that personal data is kept no longer than necessary?
3What is the defining feature of open source software?
4What is a disadvantage of open source software for an organisation running critical systems?
5Sharing a paid film with thousands of people online would breach which Act?
6What makes penetration testing lawful?
7Which right does the Data Protection Act give an individual?
8What is meant by personal data?
9Why is consent required to be freely given under data protection law?
10Why is aggregation of data a privacy concern?
Score 0 / 10

Exam-style questions

Five written questions in the style of the real paper. Write a full answer, then let the marker check it against the mark scheme.

16 marks
1State two principles of the Data Protection Act 2018.2 marks
State

Mark scheme0 / 2
  • LData must be collected for a specified purpose and used only for that purpose
  • LData must be kept secure, accurate, or no longer than necessary
Model answer

Personal data must be collected for a specified and lawful purpose and not then used for an unrelated one. It must also be kept secure, kept accurate and up to date, and retained no longer than is necessary for the purpose it was collected for.

The marker looks for key phrases. If you said it another way and it is still right, give yourself the mark.
2An employee at a hospital looks up the medical records of a neighbour who is not their patient. Explain which law this breaches and why.4 marks
Explain

Mark scheme0 / 4
  • LIdentifies the Computer Misuse Act 1990
  • LBecause the access was unauthorised, even though the employee has a legitimate account
  • LIdentifies the Data Protection Act 2018
  • LBecause the personal data was used for a purpose other than the one it was collected for
Model answer

This breaches the Computer Misuse Act 1990, specifically the offence of unauthorised access to computer material. It does not matter that the employee has a legitimate account on the system: their authorisation extends only to the records they need for their own work, and accessing a record outside that is access they were not authorised to make. It also breaches the Data Protection Act 2018, because the neighbour's medical data was collected for the purpose of providing their care and was then used for an entirely unrelated personal purpose, which is not lawful, fair or transparent processing. The hospital itself may also be at fault if its access controls did not limit staff to the records their role requires.

The marker looks for key phrases. If you said it another way and it is still right, give yourself the mark.
3Explain one advantage and one disadvantage for a small business of using open source software instead of proprietary software.4 marks
Explain

Mark scheme0 / 4
  • LOpen source software is usually free of licence charges
  • LSo it can be installed on any number of machines and the money spent elsewhere
  • LSupport comes from the community rather than a vendor
  • LSo there is no guaranteed response if something goes wrong, and more technical skill may be needed in house
Model answer

The advantage is cost and freedom of use. Open source software normally carries no licence fee and may be installed on as many machines as the business needs without counting them, so a small business can equip itself for nothing and spend the saved money on something else. It can also be modified if the business has, or can hire, the expertise. The disadvantage is support. Proprietary software is usually sold with a support contract that obliges the vendor to respond within an agreed time, whereas open source support comes from community forums where nobody has any obligation to help. If a critical system fails on a busy day the business is dependent on whatever technical skill it has in house, and for a small business that may be nobody at all.

The marker looks for key phrases. If you said it another way and it is still right, give yourself the mark.
4A fitness app collects location data continuously and sells it, in a form the company describes as anonymous, to advertisers. Discuss the privacy issues this raises.6 marks
Discuss

Mark scheme0 / 6
  • LContinuous location data is highly revealing about a person's life
  • LUsers may not realise how much is collected or what it is used for
  • LConsent must be freely given, specific and informed to be lawful
  • LAnonymised location data can often be re-identified from patterns
  • LThe Data Protection Act requires a specified purpose and adequate security
  • LReaches a reasoned conclusion about what the company should do
Model answer

Continuous location data is among the most revealing information a person can give away. Where a phone spends every night is a home address, where it spends every weekday is a workplace or a school, and a regular visit to a particular clinic or place of worship reveals things a person may never have chosen to disclose. Users are unlikely to appreciate that when they install a fitness app, because the collection is a by-product of a feature they wanted and the resale is described in terms almost nobody reads. That matters legally as well as ethically: data protection law requires consent to be freely given, specific and informed, and consent buried in a long agreement for a purpose the user did not anticipate does not meet that standard. The company's claim that the data is anonymous deserves particular scrutiny. Stripping names from location traces does not make them anonymous, because the pattern itself identifies the person: the combination of one home and one workplace is close to unique. Data sold as anonymous can therefore be re-identified, at which point the protection the company relied on has never existed. The company should stop selling location data by default. If it wants to offer it commercially, it should be a separate, clearly explained, opt-in choice that is not required to use the app, the data should be genuinely aggregated rather than merely de-named, and the company should be able to show that it meets the requirements of purpose limitation and security under the Data Protection Act 2018.

The marker looks for key phrases. If you said it another way and it is still right, give yourself the mark.
Machine mark 0 / 16