Chapter 13

Data protection
and intellectual
property law
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 Content

• The Data Protection Act 2018

1

• Intellectual property
2

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 The data protection Act 2018
The Act is concerned with personal data (subject to some exemptions) held on
computer-based information systems and manual files.

The purpose of the Act is to protect individuals from misuse of information held
about them and to give them more control and rights in relation to it.

The Act provides a framework of rules which implements and supplements the
EU’s General Data Protection Regulation (GDPR).

The Act requires all those who hold or process personal data to comply with
data protection principles in relation to that data.

Individuals are given rights in relation to their personal data, such as rights of
access and the right to rectify inaccurate data.

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 The data protection Act 2018
The Data Protection Act 2018 (TSO, 2018) is an Act which sets out the UK’s approach to data
protection.

Data controllers determine the

Data subjects
are are identified

Data processors
purpose and responsible or identifiable
means of for individuals
processing processing (not
personal personal data companies)
data. on behalf of a to whom
controller personal data
relates.
.

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 The data protection Act 2018
Worked example: Data controllers, processors and subjects
Ensign plc collects personal data from its customers (private individuals) and this is shared
between all business units. Logan is the company’s Information Technology Director and part of her
role is to determine how data is to be collected, the reasons for collecting the data and for
purchasing technology and designing the procedures used to process the data. Mila works in the
marketing department. Her role is to use the data which has been collected from customers and to
conduct data analysis on it by following the procedures given to her by Logan and using the
technology provided to her.

Requirement
Identify the data controller, processor and subject.

Solution
Ensign plc’s customers are each a data subject. They are private individuals and the data collected
about them is personal. Logan is the data controller. She determines the purpose and means of
processing personal data. Mila is a data processor. She is responsible for processing personal data
on behalf of a controller.

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 The data protection Act 2018
The data protection principles

• Personal data covers any information related to an identifiable living individual. This means any
living person who can be directly or indirectly identified by reference to an identifier such as a
name, reference number, location or online identifier.

• The Information Commissioner has statutory powers to enforce non-compliance with the Act. They
must be informed within 72 hours of a data breach that affects the rights and freedoms of
individuals
• Non-compliance with the Act may result in:
+ a criminal conviction where a criminal offence has been committed under the Act (for example
for the re-identification of data with an individual after it had been anonymised); or
+ a fine of up to €20 million (approximately £18 million depending on the exchange rate) or 4% of
the organisation’s global turnover imposed by the Information Commissioner.

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 The data protection Act 2018
The data protection principles

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 The data protection Act 2018
The data protection principles

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 The data protection Act 2018
The rights of data subjects

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 The data protection Act 2018
The rights of data subjects

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 The data protection Act 2018
Exemptions from the Act

Employers may process data without employee consent provided

they are acting in compliance with employment law (for example
processing staff administration matters and payroll).

Academic institutions, such as universities, are exempt from the rules

on data processing, provided the data is processed for academic
purposes (for example as part of a research project).

Scientific and historical research organisations are exempt where

meeting the principles would impair their core activities.

Individual rights are limited where they can be abused to commit

crimes, disrupt legal proceedings or otherwise disrupt public
authorities and regulators.

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 The data protection Act 2018
Interactive question 1: Data Protection Act 2018
Kylie is a data subject of Compliance Bank plc. She asked to see the information held about her by
the bank and paid a fee of £10 to do so. From this, she discovered that some data was inaccurate,
as it had not been updated to reflect the fact that Kylie has remarried and changed her name. She
is also cross that the bank continues to send her marketing emails for loans that she does not want.
Kylie decides to visit her local branch of the bank and asks for the marketing emails to stop within
two weeks and for the data to be corrected.
Requirement Answer the following questions.

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 The data protection Act 2018
Interactive question 1: Data Protection Act 2018 – Answer

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 Intellectual property

Intellectual property is an intangible asset that is created

from the knowledge or skill of employees.

There are a number of methods available to protect

intellectual property. Some are granted automatically;
others have to be applied for.

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 Intellectual property

the names of
products or inventions
brands

items that
the design or the
look of employees
products wrote, made
or produced

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 Intellectual property
Protecting digital intellectual property

Due to the nature of digital intellectual property, it is quite easy for

unscrupulous parties to steal and profit from it.

ripping or downloading music for redistribution

copying DVDs for resale

plagiarising written material, such as in textbooks, for

inclusion in other publications

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 Intellectual property

Method of IP protection
Copyright
Design right
Trademark
Registered design
Patent

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 Intellectual property

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 Intellectual property

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 Intellectual property
Offences in relation to intellectual property

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 Intellectual property
Interactive question 2: Protecting intellectual property

Helen has begun recording podcasts that she distributes through her website. She is
keen to ensure that her work is protected and understands that it will have copyright
protection for a number of years.
Requirement For how long will Helen’s podcasts be protected by copyright?

A. 25 years after the publication date

B. 25 years after Helen’s death
C. 70 years after the publication date
D. 70 years after Helen’s death

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