Criminal Law, Industry standards and professional codes of conduct in Context

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The importance of adhering to criminal law

  • Maintains order
  • Resolves disputes
  • Protects individuals
  • Safeguards civil liberty

Tasks

Penalties for breaches of

  • Health and safety work act:
    • The penalties include a unlimited fine and up to 2 years in prison
  • Computer Misuse Act 1990
    • The Maximum sentence for breaking the computer misuse act is life in prison, but most of the time you jus get a warning.
  • Waste Electrical and Electronic Equipment Directive
    • The maximum penalty for not following the WEE is an unlimited fine

Safeguarding Civil Liberties ( Based Laws )

  • These laws aim to protect civil liberties
    • Investigatory Powers Act
      • This act defines circumstances under which surveillance and interception can be used
    • Human Rights Act
      • Article 8 of the HRA where it is written defines the respect for private and family life, home correspondent

Page 207 Task Test Yourself

1. What are the two penalties that can be given under the DPA/GDPR
  • Higher Maximum - The equivalent in sterling 20 million euros or 4% of total annual worldwide turnover
  • Standard Maximum - The equivalent in sterling of 10 million euros or 2% of the total annual worldwide turnover in the preceding financial year
2. What is the maximum penalty for an infringement of the CD&PA in the magistrates' court?
  • A maximum fine of £5,000 and/or six months imprisonment, in a magistrates' court
  • An unlimited fine and up to 10 years imprisonment, in the crown court.
3. Which part of the DEA covers ownership of works taken from a website?
  • DEA Part 4 includes ownership of works taken from a website
4. Which laws relate to civil liberties?
  • Investigatory Power Act 2016
  • Human Rights Act 1998
5. When can a person's civil liberty be infringed? 
  • Protect National Security
  • Protect Public Safety
  • Protect the economy
  • Protect health or morals
  • Prevent disorder or crime
  • Protect the rights and freedoms of other people

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