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GCSE/Computer Science/AQA

CS8.2Legal issues and key UK legislation: Data Protection Act 2018, Computer Misuse Act 1990, Copyright Designs and Patents Act 1988, Creative Commons

Notes

Legal issues and key UK legislation

The UK has three key pieces of legislation that govern how digital technology is used, along with Creative Commons licensing for creative works. Every GCSE Computer Science student needs to know what each one covers.

Data Protection Act 2018 (DPA 2018)

The DPA 2018 incorporates the EU's General Data Protection Regulation (GDPR) into UK law. It controls how personal data (any information that can identify a living person) is collected, stored and used.

Key principles — personal data must be:

  1. Processed lawfully, fairly and transparently
  2. Collected for specified, explicit, legitimate purposes only
  3. Adequate, relevant and limited to what is necessary
  4. Accurate and kept up to date
  5. Kept no longer than necessary
  6. Processed securely

Rights of individuals:

  • Right to access data held about them
  • Right to have inaccurate data corrected
  • Right to erasure ("right to be forgotten")
  • Right to object to processing

Who enforces it: The Information Commissioner's Office (ICO). Fines can reach £17.5 million or 4% of global turnover.

Example: A school stores student exam results. Under DPA 2018, this data must be kept secure, used only for educational purposes, and deleted when no longer needed.

Computer Misuse Act 1990 (CMA)

The CMA makes it illegal to access or modify computer systems without authorisation.

Three offences:

OffenceExampleMaximum sentence
Unauthorised access to computer materialGuessing someone's password to read their emails2 years
Unauthorised access with intent to commit further offencesHacking a bank to commit fraud5 years
Unauthorised modification of computer materialReleasing malware; deleting files; installing ransomware10 years

The Act has been updated to also cover denial-of-service attacks.

Who is affected: Hackers, but also employees who access systems beyond their authorisation, or anyone who installs software without permission.

Copyright, Designs and Patents Act 1988 (CDPA)

The CDPA protects original creative works — including software, music, films, images and text. The creator automatically owns copyright; they do not need to register.

What it means for computing:

  • Copying, distributing or modifying software without a licence is illegal
  • Downloading pirated films or music is illegal
  • Using copyrighted images on a website without permission is illegal
  • Copyright lasts the creator's lifetime + 70 years

Software licences:

  • Proprietary/commercial — pay for a licence; usually cannot modify
  • Open source — free to use/modify, but must follow the licence terms (e.g. GPL)
  • Freeware — free to use but cannot modify

Creative Commons

Creative Commons CC is a licensing system that lets creators share work legally with specific permissions. It sits within copyright law — creators choose how their work can be used.

Common CC licence elements:

  • BY — must credit the creator
  • SA (ShareAlike) — derivatives must use the same licence
  • NC (NonCommercial) — may not be used for commercial purposes
  • ND (NoDerivatives) — cannot create derivative works

Example: CC BY-NC means you can use the image freely if you credit the creator and don't sell it.

Exam tip

Questions often ask you to identify which law applies to a given scenario:

  • Data collected/stored about people → DPA 2018
  • Hacking, malware, unauthorised access → CMA 1990
  • Copying software/music/images without permission → CDPA 1988

AI-generated · claude-opus-4-7 · v3-deep-computer-science

Practice questions

Try each before peeking at the worked solution.

  1. Question 16 marks

    Identify the law

    For each scenario, state which UK law is most relevant and briefly explain why.
    (a) A student downloads and uses a cracked copy of Photoshop.
    (b) A hacker accesses a company's server without permission.
    (c) A website keeps customer email addresses for 10 years after the account is closed.

    Ask AI about this

    AI-generated · claude-opus-4-7 · v3-deep-computer-science

  2. Question 22 marks

    DPA principles

    A hospital stores patient medical records on an insecure server and shares them with a marketing company. Give two ways this may breach the Data Protection Act 2018.

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    AI-generated · claude-opus-4-7 · v3-deep-computer-science

  3. Question 36 marks

    Computer Misuse Act offences

    State the three offences defined in the Computer Misuse Act 1990, giving an example of each.

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    AI-generated · claude-opus-4-7 · v3-deep-computer-science

  4. Question 44 marks

    Creative Commons

    A photographer publishes a photo under the CC BY-NC licence. Explain what a blogger can and cannot do with the image.

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    AI-generated · claude-opus-4-7 · v3-deep-computer-science

  5. Question 54 marks

    Software licences

    Distinguish between proprietary and open-source software licences.

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    AI-generated · claude-opus-4-7 · v3-deep-computer-science

  6. Question 62 marks

    Individual rights under DPA

    Give two rights that an individual has regarding their personal data under the Data Protection Act 2018.

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    AI-generated · claude-opus-4-7 · v3-deep-computer-science

Flashcards

CS8.2 — Legal issues and key UK legislation

12-card SR deck for AQA GCSE Computer Science topic CS8.2

12 cards · spaced repetition (SM-2)