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Information Security at Staffordshire University

Information Polices and guides

Guide to Legislation on Computer use

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To ensure compliance with Computer Misuse Act and to secure computer material against unauthorised access or modification 

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.

The Official Secrets Acts 1911-1989 establish severe criminal penalties for any person who discloses any material which relates to security, intelligence, defence or international relations and which has come into that person’s possession through an unauthorised disclosure by a Crown Servant or Government contractor. They also cover material which has been legitimately disclosed by a Crown Servant or Government contractor on terms requiring it to be kept confidential or in circumstances in which it might reasonably be expected to be treated as confidential. This means that certain information handled by the University’s departments may be covered by the provisions of the Acts, particularly if such information concerns a project specifically commissioned by a Government office.You must: ensure that any such material is securely stored and avoid displaying it on the University’s IT facilities.

Defamation consists of the publication of opinions and untrue statements which 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.


In accordance with the Defamation Act 1996, Staffordshire 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 which 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 your Director of Faculty or Service before publishing or transmitting any potentially defamatory statement.           

You must not:

place links to Bulletin Boards that are likely to publish defamatory materials

REMEMBER: YOUR EMAIL COMMUNICATIONS ARE PUBLICATIONS.

Staffordshire 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, the Protection of Children Act 1978 and the Criminal Justice Act 1988 on any of the University’s IT facilities.

Material is deemed to be obscene if its overall effect is to tend to deprave and corrupt a significant proportion of those who are likely to see or hear the matter contained in the material.  The University will regard any such publication as a very serious matter and will not hesitate to contact the police. Any information held by the University for the purposes of an internal investigation or a police investigation into such matters is exempt information for the purposes of the Freedom of Information Act 2000.

Users of the IT facilities are reminded that they are principally for use in connection with academic purposes.  Therefore, any use of the IT 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 IT facilities.

The Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995 are guided by the principle of prevention of unfair discrimination on the grounds of sex, including discrimination against persons who have undergone gender reassignment, race or disability. The Acts make unfair discrimination a civil offence, and in certain other circumstances the law is supported by criminal sanctions. Therefore, any material located on or disseminated through the University's IT facilities which is considered discriminatory or may encourage discrimination on grounds of sex, gender, race, colour or ethnic or national origins or disability is illegal. Any such material will also be against Staffordshire 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, race, colour, ethnic or national origins or disability.

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 illegal or improper use, including 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 sites which display pornographic materials. 
Place links to Bulletin Boards which are likely to contain discriminatory statements.

Any advertising activity conducted through the University's IT facilities will be limited to the provision of information regarding the University's courses, facilities and other proper activities. The University's IT facilities must not be used for placing or distributing commercial advertisements relating to any course or business other than those promoting the University's teaching and research activities or its own trading operations.

You must:

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

Since at present there is no international convention on Internet regulation, caution is necessary in considering what law may be applicable. As a basic rule, all users of Staffordshire University’s IT 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. Similarly, material transmitted world-wide is subject to the law of whichever country it is viewed in.

REMEMBER: THE USE OF THE UNIVERSITY’S IT FACILITIES IN A WAY THAT CONTRAVENES THE UNIVERSITY'S REGULATIONS MAY BE TREATED AS A DISCIPLINARY OFFENCE AND LEAD TO THE ENFORCEMENT OF THE PENALTIES SET OUT IN THOSE REGULATIONS.


Further useful information can be found by visiting:-


JANET Acceptable Use Policy (external website).

  
For details of other IT Polices and Regulations please see 
Policies and Regulations

or contact Information Services Customer Support Centre 
t: 01785 353800 
e:
3800@staffs.ac.uk