You are required to answer only one question of each of the following sections (one from Section A, one from Section B, and one from Section C).
Q1. Compare and contrast the Data Protection Act 2018 with your country’s data privacy laws. If you are an EEA citizen or your country does not have any privacy legislation enacted, then compare and contrast the Data Protection Act 2018 with the California Consumer Privacy Act. (40 marks)
Q2. Under the GDPR, prior notification of personal data processing by the data controller has been removed. Explain five differences around notification in the Data Protection Act 1998 and the GDPR. (40 marks)
Q3. A local council has decided to outsource its customer telephone enquiries to a company running a call centre in the UK. What will the Data Protection Officer at the council need to do to ensure that the call centre is compliant with the Data Protection Act 2018? (40 marks)
Q4. A social media site is being launched in the UK to cater for the attitudes, values, perceptions, beliefs and behaviours of 14 year-old girls interested in fashion and music. The new service is keen to comply with the Data Protection Act 2018 and wants to avoid any negative media coverage that some of its competitors has attracted. It has designed a Data Privacy Notice (DPN) explaining the legal rights and freedoms for data subjects. It relies on the consent of the parent and guardian in order to deliver the service. What mistake (if any) has the social media site made? (40 marks)
Q1. a) For three of the following cases name and discuss the English and Welsh law(s) relating to them, possible penalties and cite at least one case that is the same as your chosen three, give a brief summary of the case and the judgment handed down –
(I) Sending emails to another which amounts to cyber bullying.
(II) To take or permit to take indecent pictures of a child.
(III) An IT company transferred its clients’ personal data to another country without their permission and adequate protection.
(IV) Copying another person’s literary work and claim it as yours.
(V) Using someone’s logo on your website without permission
b) State whether the cases, of the three answers given in Q2.a, are criminal or civil? (5 marks)
Q2. a) For three of the following cases name and discuss the English and Welsh law(s) relating to them, possible penalties and cite at least one case that is the same as your chosen three, give a brief summary of the case and the judgment handed down –
(I) Sending out hoax e-mails falsely telling people their holidaying relatives had been killed by the Asian tsunami
(II) Advertising its own brand using the Amazon listing of the another producer (which incorporated its trade mark).
(III) Registering domain names for use on the Internet comprising well-known names and trade marks without the consent of the person or company owning the goodwill in the name or trade mark
(IV) Passing off claim concerning the use of the sign by both an artist and a shop.
(V) Infringement claim against copied logo. (10 marks)
b) State whether the cases, of the three answers given in Q2.a, are criminal or civil? (5 marks)
Q3. a) (i) Name the public sectors covered by the Freedom of Information Act 2000.
(ii) How do you make a request to a public body?
(iii) How long do they have to respond? (10 marks)
b) Discuss the differences between an eCrime offence and a traditional crime offence and provide two examples of each citing applicable legislation in England and Wales, a relevant case and the judgement hand down (5 marks)
Q4. a) Name the reasons for refusal of request mentioned in the Freedom of Information Act 2000. (10 marks)
b) Name and describe the stages of EDRM (5 marks)
Q1. Describe types of criminal offences introduced by Computer Misuse Act 1990 (10 marks)
Q2. Describe the process of authorisations for obtaining communications data which is foreseen by the Investigatory Powers Act 2016 (10 marks)
1. We recognise the educational desirability that all of our students should enjoy the opportunity to self-submit their work to Turnitin (before submitting for assessment). We also recognise that Turnitin Originality Reports will sometimes assist in the identification of plagiarised work submitted for assessment.
2. We will make Turnitin available to all of our students by way of our virtual learning environment (UELPlus) and we will encourage them to use it to improve their referencing skills.
3. All students will be given the opportunity to make multiple submissions of their written work to Turnitin.
4. All students will be advised, at the point of enrolment, that their work will be made available to third parties (such as Turnitin) for specified purposes, by way of a clause to be added to the Student Contract (the proposed clause, as suggested by Turnitin UK and JISCPAS, is set out in Annex I) and will be referred to Turnitin’s Questions and Answers for Students *.
Our University defines plagiarism and other assessment offences in Part 8 of the UEL Manual of General Regulations (to which all students are referred upon joining UEL), which is reprinted in "The Essential Guide to the University of East London". In this document, the following example of an assessment offence is given:
(e) The submission of material (written, visual or oral) originally produced by another person or persons without due acknowledgement*, so that the work could be assumed to be the student's own. For the purpose of these Regulations, this includes incorporation of significant extracts or elements taken from the work of an(other(s), without acknowledgement or reference*, and the submission of work produced in collaboration for an assignment based on the assessment of individual work. (Such offences are typically described as plagiarism or collusion).
The following note is attached:
*Note: To avoid potential misunderstanding, any phrase not the students' own should normally be in quotation marks or highlighted in some other way. It should also be noted that the incorporation of significant elements of an(other(s) work, even with acknowledgement or reference, is not an acceptable academic practice and will normally result in failure of that item or stage of assessment.
Work that students submit for assessment will inevitably be building on ideas that they have read about or have heard about in lectures. Students can, however, only demonstrate that they have learnt from their sources by presenting the concepts in their own words and by incorporating their own commentary on the findings.
Where students submit work purporting to be their own, but which in any way borrows ideas, wording or anything else from other source without appropriate acknowledgement of the fact, the students are guilty of plagiarism. Plagiarism includes reproducing someone else's work whether it be from a published article, book chapter, website, an assignment from a friend or any other source.
When an assignment or report involves outside sources, or information, the student must carefully acknowledge exactly what, where and how he/she has employed them. If the words of someone else are used, they must be put in quotation marks or otherwise identified and a reference as to source appended. See the next section for more guidelines. For advice on actual 9 referencing techniques, and for some helpful tips on how to avoid plagiarism, see "The Study Skills Handbook" by Dr Stella Cottrell, pages 122-125.
Making simple changes to the wording of a section from a book, article, web-site etc. whilst leaving the organisation, content and phraseology intact would also be regarded as plagiarism.
Collusion is the term used to describe any form of joint effort intended to deceive an assessor as to who was actually responsible for producing the material submitted for assessment. Students may obviously discuss assignments amongst themselves and this can be a valuable learning experience. However, if an individual assignment is specified, when the actual report/essay is produced it must be by the student alone. For this reason students should be wary of lending work to colleagues since were it to be plagiarised they could leave themselves open to a charge of collusion.
Since the regulations do not distinguish between deliberate and accidental plagiarism, the key to avoiding a charge of plagiarism is to make sure that you assign credit where it is due by providing an appropriate reference for anything in your essay or report which was said, written, drawn, emailed or implied by somebody else.
You need to provide a reference:
• when you are using or referring to somebody else's words or ideas from an article, book, newspaper, TV programme, film, web page, letter or any other medium;
• when you use information gained from an exchange of correspondence or emails with another person or through an interview or in conversation;
• when you copy the exact words or a unique phrase from somewhere;
• when you reprint any diagrams, illustrations, or photographs.
You do not need to reference:
• when you are writing of your own experience, your own observations, your own thoughts or insights or offering your own conclusions on a subject; 10
• when you are using what is judged to be common knowledge (common sense observations, shared information within your subject area, generally accepted facts etc.) As a test of this, material is probably common knowledge if
- you find the same information undocumented in other sources;
- it is information you expect your readers to be familiar with;
-the information could be easily found in general reference sources
Students occasionally misunderstand the concepts being presented here and submit essays or reports where substantial and significant elements of another author's work are used and acknowledged. It is clear that such an essay or report cannot satisfy the normal assessment criteria to:
• Use your own words;
• Provide a critical commentary on existing literature;
• Aim for novelty and originality;
• Demonstrate your understanding of the subject area by paraphrasing.
It is thus likely in such a case that the outcome will be a fail mark for the particular piece of work concerned.
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