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Laws and Acts Relevant to Computer Use

Computer Misuse Act

The Computer Misuse Act was introduced in 1990 to secure computer material against unauthorised access or modification. Three categories of criminal offences were established to cover the following conduct:

  • Unauthorised access to computer material (basic hacking) including the illicit copying of software held in any computer.
    Penalty: Up to six months imprisonment or up to a £5,000 fine.

  • Unauthorised access with intent to commit or facilitate commission of further offences, which covers more serious cases of hacking.
    Penalty: Up to five years of imprisonment and an unlimited fine.

  • Unauthorised modification of computer material, which includes:

    • Intentional and unauthorised destruction of software or data.
    • The circulation of "infected" materials on-line.
    • An unauthorised addition of a password to a data file.

    Penalty: Up to five years of imprisonment and an unlimited fine.


You must NOT:

  • Display any information which enables others to gain unauthorised access to computer material (this includes instructions for gaining such access, computer codes or other devices which facilitate hacking).
  • Display any information that may lead to any unauthorised modification of computer materials (such modifications would include activities such as the circulation of "infected" software or the unauthorised addition of a password).
  • Display any material which may incite or encourage others to carry out unauthorised access to or modification of computer materials.

Click here for relevant text of Computer Misuse Act.


Copyright

The Copyright, Design and Patents Act 1988 is applicable to all types of creations, including text, graphics and sounds by an author or an artist. This will include any materials which are accessible through the University’s Network facilities.

Any uploading or downloading of information through on-line technologies that are not authorised by the copyright owner will be deemed to be an infringement of their rights.

Please note that the application of the Copyright Act to electronic copying is even stricter than its application to photocopying, since the fair dealing arrangements that usually apply to libraries (i.e. one article per journal for the purposes of research or private study) do not exist for computerised materials.

Some types of infringement give rise to criminal offences, the penalties for which may amount to up to two years imprisonment or an unlimited fine. It is also possible for the copyright owner to claim compensation or to have infringing activities prevented by an injunction.


You must NOT:

  • Make, transmit or store an electronic copy of copyright material on the University’s Network facilities without the permission of the owner.

Data Protection

The Data Protection Act 1984 concerns information about living individuals which is processed automatically.

It basically gives new rights to those individuals about whom information is recorded on computer, and demands good computer practice in handling information about people.

With a few exceptions, every person or organisation holding personal data (data user) must be registered with the Data Protection Registrar.

Richmond University is registered as a data user. Any use of personal data beyond the description stated in the University’s registration will be illegal.

Data users must comply with eight Data Protection Principles established by the Act. The Data Protection Principles are intended to protect the rights of the individuals about whom personal data are recorded. Guidance as to compliance with the principles may be obtained from the University’s Data Protection Officer.

In October 1995, the European Parliament and the Council of the European Union adopted a Directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data.


You MUST:

  • Only use personal data for a University-related purpose, and
  • Ensure that the use of University-related personal data is restricted to the minimum consistent with the achievement of academic purposes.

In order to find out whether your proposed use complies with the University’s registration contact the University’s Data Protection Officer (Bill Scott, email on scottw at richmond dot ac dot uk) before conducting any activity which involves the collection, storage or display of personal data through the University’s Network facilities.

Defamation

Defamation consists of the publication of opinions and untrue statements that adversely affect the reputation of a person or a group of persons.

If such a statement is published in a permanent form as is the case with statements published on the Internet, an action for libel may be brought against those responsible. Richmond University is committed to taking all reasonable care to avoid the dissemination of defamatory material and it will act promptly to remove any such material which comes to its attention so far as is possible within the bounds of academic freedom.

Remember that even messages which have only one intended recipient may reach a vast audience through this medium. As a result, the transmission of statements that discredit an identifiable individual or organisation may lead to substantial financial penalties.


You MUST:

  • Ensure that all published facts are accurate.
  • Ensure that opinions and views expressed in personal home pages or via bulletin boards do not discredit their subjects in any way which could damage their reputation.
  • Obtain written approval from the University President before publishing or transmitting any potentially defamatory statement.

Obscenity

Richmond University is committed to the prevention of publication of any material which it may consider pornographic, excessively violent or which comes within the provisions of the Obscene Publications Act 1959 or the Protection of Children Act 1978 on any of the University’s Network facilities.

The University will regard any such publication as a very serious matter and will not hesitate to contact the police. Users of the Network facilities are reminded that they are principally for use in connection with academic purposes.

Therefore, any use of the Network facilities to publish or gain access to obscene, pornographic or excessively violent material is inappropriate.


You must NOT:

  • Disseminate or encourage access to materials which the University deems to be obscene, pornographic or excessively violent through the University’s Network facilities.

Discrimination

Both the Sex Discrimination Act 1975 and the Race Relations Act 1976 are guided by the same principle, which is the prevention of unfair discrimination. Both Acts establish fines of up to £5,000 for criminal offences concerning discriminatory statements.

In some cases, the Sex Discrimination Act can cover situations where discrimination takes place on the grounds of sexual orientation.

Therefore, any material located on or disseminated through the University’s Network facilities which may be considered discriminatory or may encourage discrimination on grounds of sex, gender, sexual orientation, race or ethnic origin will be illegal.

Any such material will also be against Richmond University’s Equal Opportunities Policy.


You must NOT:

  • Use the University’s IT facilities to place or disseminate materials which discriminate or encourage discrimination on grounds of sex, gender, sexual orientation, race or ethnic origin.

Criminal Law

The incitement to commit a crime is a criminal offence in itself, regardless of whether a crime has actually been committed or not.

This includes the provision of information via computerised services which facilitates any of the activities which this code has highlighted as criminal offences.


You must NOT:

  • Place links to sites which facilitate hacking and activities of a similar nature.
  • Place links to sites where copyright protected works, such as computer software, are unlawfully distributed.
  • Place links to Bulletin Boards which are likely to publish defamatory materials.
  • Place links to sites which display pornographic materials.
  • Place links to Bulletin Boards which are likely to contain discriminatory statements.

Advertisements

Any advertising activity conducted through the University’s Network facilities will be limited to the provision of information regarding the University’s courses, facilities and other proper activities.

The University’s Network facilities must not be used for placing or distributing commercial advertisements relating to any other course of business.


You MUST:

  • Remember that all advertisements should be 'legal, honest and truthful' and comply with the Code of Practice for Advertisers issued by the Advertising Standards Authority.

International Law and the Internet

Since there is no international convention on Internet regulation, caution is needed in considering what law may be applicable.

As a basic rule, all users of Richmond University’s Network facilities must note that although certain materials may be considered legal in their places of origin that does not prevent the application of UK law if those materials are considered to be illegal under the law in this country.

REMEMBER: Use of the University’s network facilities that in any way contravenes the University’s regulations may be treated as a disciplinary offence and lead to the penalties established by those regulations.


CHEST Code of Conduct for the Use of Software and Datasets

CHEST is the educational shop window for purchases of software, data, information, training materials and other IT related products. CHEST negotiates agreements and offers generally on a site license basis for use by the educational community. It provides us with substantial discounts in the cost of a variety of software.

 

As a member we are required to maintain a records of who is in receipt of any product supplied through CHEST. In general this information is kept by the IT Department, unless special conditions pertain.