P5 p6 by Caitlin Woods

P5: Explain how your organisation administers the legal and ethical issues in relation to the use of information. P6: Explain the operational issues in relation to the use of business information

Content

Laws What is Legal Issues?................................................................................... What is Data Protection Act 1998?............................................................. What is Fredom Of Information Act 2000?................................................... What is Computer Misuse Act 1990?............................................................ What is Human Rights Act 1998?................................................................. What is Privacy Act 1974?...........................................................................

Ethics What is Ethical Issues?............................................................................... What is Organsiation Prodecures?.............................................................. What is Whistle Blowing?........................................................................... What is Use Of Internet?............................................................................. What is Use Of Email?.................................................................................

Policies/Procedures What is Security Information?.................................................................... What is Back-ups?...................................................................................... What is Health & Safety?........................................................................... What is Organisational Policies?................................................................ What is Business Continuance Plans?........................................................ What is Costs?..........................................................................................

Bibliography…………………………………………………………………………………………….

P5: Explain how your organisation administers the legal and ethical issues in relation to the use of information. P6: Explain the operational issues in relation to the use of business information

I am going to be discussing the different types of legislation and ethical issues that are within New Look. However, I will also be using Tesco if New Look don’t have any problems. I will give a definition of every type of legal issues and ethical issue and an example of each issue. The legal issues I will be using are Freedom of Information 2000, Computer Misuse Act 1990, Human Rights Act 1998, Privacy Act 1974, and Data Protection 1998. Legal issues are various items of law to protect the use of business information. The word ‘legislation’ means a collection of written principles that guide behaviour in society.

Data Protection Act 1998 The Data Protection Act protects the information held about people from being misused. Most businesses store and use information about clients. It’s an act to make new provision for the regulation of processing information relating to individuals, including obtaining, holding, use or disclosure of such information. The information is stored by the business on databases. Everyone who uses data must follow rules this is called ‘data protection principle’. Obtained fairly and lawfully Used only for purposes stated during collection Accurate and up-to-date Protected from transfer to an area outside the European Economic Area unless suitable protection exists for the data in the area  Processed in line with your rights    

New Look have stated that in there terms and conditions of their website that they will hold any personal data and customer data obtained in accordance with relevant legislation. Also they have said that any personal detail will not be passed on to any other business unless necessary. New Look have had no data protection breach in the business. New look will have to make sure that they inform the customers if they can use their personal information for third parties before they subscribe for promotion emails. The reason they have to do this is because New Look communicate with their customers through email which is personal information. Tesco have had a breach in data protection as Tesco bank have lost personal details of a dozen customers which could lead the customer’s fraudulent activity. Tesco have offered customer two years free insurance again any losses arising from the data breach.

P5: Explain how your organisation administers the legal and ethical issues in relation to the use of information. P6: Explain the operational issues in relation to the use of business information

Freedom of Information 2000

The Freedom of Information Act 2000 is an Act of Parliament of the United Kingdom which creates the public "right of access" to information held by public authorities. There is no restriction on age, nationality or where you live. The Freedom of Information Act came into effect in 2005. This provides individuals or businesses with the right to request information on anything that relates to them by the public authority. Your request will be dealt with under different regulations depending on the kind of information you ask for, such as; Data Protection Act- if you ask for information an organisation holds about you. Environmental Information Regulations (EIR) - if you ask for environmental information.

New Look have stated that there customers can access there information in relation to the UK data protection law. Although their request may cost £10 to meet New Look costs when providing you with details of the information about the customer. Customers can ask for their information at any time by contacting New Look through their contact us forms. New look have had no breaches with the freedom of information act.

Computer Misuse Act 1990 The Computer Misuse Act 1990 is a law in the UK that the legislation is against certain activities when using computers. For example; hacking computers for other people’s system, misusing software and helping access people’ protected files on someone’s computer. The Computer Misuse Act is split into three section which makes it illegal to misuse computers  Unauthorised accessed with intent to commit or facilitates commission of further offences- if you do commit this offence then you will be punishable for 12 months' imprisonment  Unauthorised access to computer material- if you do commit this offence then you will be punishable by 12 months/maximum fine on summary conviction or 5 years fine on indictment  Unauthorised modification of computer material- if you do commit this offence then you will be punishable by 12 months/maximum fine on summary conviction or 10 years fine on indictment

P5: Explain how your organisation administers the legal and ethical issues in relation to the use of information. P6: Explain the operational issues in relation to the use of business information

As you can see from there website; if the New Look is breached in any way they will inform the authorities which means they will disclose your identity to them and also it will means that you won’t be able to use their website. New Look haven’t had any breaches with viruses, worms, spyware, firewalls.

Human Rights 1998 The Human Rights Act was passed in 1998 which mean that everyone was able to defend themselves in court whether it as in front of the government, the police or local authorities. The reason for why they could defend themselves was because the human rights act was based on how whether the person was being treated well, fairly or equally. The human rights act is made to protect the young and old, rich or poor. Human rights act can protect you from many different rights as follows;  Right to life- this act protects your life by law which means that they have to investigate deaths in custody if they are suspicious.  No discrimination- everyone’s rights are equal. You should be treated unfairly due to your gender, age, race, sexuality.  Protection against slavery and forced labour

New look don’t mention anything about their human rights with worker or customers on their website but they have had issues with the way they treat their employees who make the clothes in different countries. As you can see from the above screen shot, new look employers have forced labour onto them which is breaching the act as the human rights protect workers for slavery and forced labour.

P5: Explain how your organisation administers the legal and ethical issues in relation to the use of information. P6: Explain the operational issues in relation to the use of business information

Privacy Act 1974

The Privacy Act 1974 restricts the amount of information the government can collect through using different companies to get customers information. The privacy act requires businesses to give notification to the public of their records in the government registration. The privacy act is to stop people from exposing pictures to the news and make sure that everyoneâ&#x20AC;&#x2122;s aware that they have the right to have their information private. New Look have stated how they use their information to ensure customers that they donâ&#x20AC;&#x2122;t use it for anything other than these reasons. If they do use your information then they must give you notice and get there authorisation before doing so.

Ethical issues are the moral principles concerning acceptable and unacceptable behaviour by the business. They are dealt with by using organisational policies and codes of practise. Acting in an ethical way means distinguishing between right and wrong and making the right decision.

Organisation policies Organisation have many policies to ensure that their businesses practices with regard to information can be done more ethically. The policies are the courses of action, guiding principles, or procedures considered useful for the business. For example; the organisational policy could be from how to manage information for marketing.

P5: Explain how your organisation administers the legal and ethical issues in relation to the use of information. P6: Explain the operational issues in relation to the use of business information

Whistle-Blowing

A whistle blower is an employee who has a concern for the business and tells someone such as the management within the company or to someone outside the business such as the press. Thee concern they have could be for many reason such as; fraud, crime, danger. These all could impact on the customers, colleagues, shareholders, the public, the environment or the business’ reputation. Whistle-blowers are protected by law. This means if you’re treated unfairly or lose your job due to the fact that you blow the whistle. There are only certain amount of people who are protected by law; these are as follow:    

an employee, such as a police officer, NHS employee, office worker, factory worker a trainee, such as a student nurse an agency worker a member of a Limited Liability Partnership As you can see from this screenshot New Look does have a policy for whistle-blowing. However they haven’t had any incidents with whistle blowers in the past or the present.

Although, Tesco have had issues with whistle blowers in the past. There was a report about a whistle-blower being ignored due to them stating that Tesco have a £250m shortfall in profits due to Tesco books.

P5: Explain how your organisation administers the legal and ethical issues in relation to the use of information. P6: Explain the operational issues in relation to the use of business information

Information Ownership

Information ownership is the person who is responsible for protecting the data and systems. The data should be owned by the department who produced it. They are the people who ensure that the data is correct and consistent. The owner of the information for New Look would be the manager of the store as they would write reports about the employees for their annual review. As it’s a report about the employee is confidential and it means that only a selection of people will be able to see it which means you are responsible for anything that happens to this document.

Use of Email Most business have to have a code of practice for using the correct use of email. Ethical issues are presented when companies or individuals contribute in spamming email accounts. This is when sending messages to many email addresses at once without permission of the account holder. For a business it’s important to create a policy about using email in the workplace outlying what is allowed and what’s prohibited. New Look has a policy for the use of email whereby the employee must ensure that they: → Comply with current legislations → Use email in an acceptable way o To give standard information to a large group of people o To ascertain availability for meetings o As a memo format but only if its short and to the point o As a reminder, notice, important message and information o To flag any important information o To broadcast urgent new rapidly → Don’t create a risk for the company by misuse of the internet

P5: Explain how your organisation administers the legal and ethical issues in relation to the use of information. P6: Explain the operational issues in relation to the use of business information

The following behaviour by an employee is considered unacceptable:

→ Forwarding of company confidential messages to external locations → For long-term storage → For complicated queries, ongoing dialogues and explanation → For really confidential information → To avoid responsibility especially for difficult personal communication → As a substitute for formal documents where construction, language and presentation are important

Use of Internet Most businesses has a code of practice for the use of internet and what their employee can and can’t use the internet for. There are also a code of practice which governs selling on the internet, which businesses adhere by. New Look use IPads, tills and sometimes customers phone if they give authorisation for the employee to use it. Although they use the internet on these devices the business gives a restriction on what they can use on the internet. They can only use the new look website, new look survey and Ikano for business use. New Look has a policy for the use of the internet whereby employees must ensure that they: → Comply with current legislations → Use email in an acceptable way → Do not create to the company by their misuse of the internet The following behaviour by an employee is considered unacceptable: → Visiting internet sites that contain obscene, hateful, pornographic or any illegal material → Using the computer to commit any form of fraud, software, film or music piracy → Using the internet to send offensive or harassing material to other people → Hacking into unauthorised areas → Revealing confidential information about New Look in a personal online posting, upload or transmission

P5: Explain how your organisation administers the legal and ethical issues in relation to the use of information. P6: Explain the operational issues in relation to the use of business information

Operational issues is how the information is going to be managed. This is by improving information management practice which is the key focus for many businesses. New Look receive millions of customer’s information and so it’s vital that they have a system that ensure that: → New Look receives the information it requires to operate efficiently → The information is receives by the right people in the business.

Security of Information Software security is made to protect software against nasty attack and other risks that could affect the information of their customers in order for the software to continue fully under potential risks. Information security management deals with maintaining the integrity and availability of organisational information and knowledge. New Look use SSL software to protect their customers and the employee’s information just in case anything bad happens to their computers, IPads and tills. Secure Socket Layer software is an encrypted software which makes it difficult for hackers to get into their software.

Back-Up Copies Backup information is one of the most important operational issues when it comes to businesses. Organisations need to safeguard against the physical data loss and processing problems. For example; New Look have developed programmes to try to reduce the risk of losing vital business information stored on IT servers. This includes backing up information stored on the servers. New Look IT department make sure that they are always practising data recovery and restores. When New Look will make sure that all customers credit card are backed up. The reason for this is because if a customer want a refund and it doesn’t go through then the customer can call New Look customer service then they can find out what the issue is.

P5: Explain how your organisation administers the legal and ethical issues in relation to the use of information. P6: Explain the operational issues in relation to the use of business information

Health and Safety Issues

When dealing with IT it’s important for people to be aware of the health and safety issues. For example; many computer users suffer from serious back problems. This is could be due to a poor posture or an awkward position whilst sitting at a computer. Another example is eye strain; this can be due to the eyes staring at a computer screen for a long time. Health and safety regulations 1992 Acts all legislate the use of computer equipment. Employers should carry out regular assessment to make sure that computer screens are at right level. When it comes to general working environment, New Look will have to follow a few rules; → → → → →

No food or drinks near the computers Electrical sockets must be neat and tidy not overloaded There must be suitable space around the computers Lighting must be suitable with no glare or reflection to affect your eyes There should be no loose wires

Organisational Polices Organisational policies relate to the use of business information can help make sure that decisions affecting staff; → → → →

Are understandable and consistent Meet legal requirements Take full account of their impact Contribute to productive working relationships

Policies help make sure that staff have guidance to help them comply with legislation. They should also help ensure that consistent decisions are made, which can be as important in internal communications as they are in handling customers. New Look have to make sure that they have an organisational policy on the storage and usage on customer data which works within the requirements of Data Protection Act.

Business Continuance Plan Business Continuance Plan are the steps that a company puts into place to make sure it is capable of surviving. For example; one plan may be to make sure that the business is producing regular back-ups of their information. Another plan could be to consider the natural disasters, accidents, attacks of security.

P5: Explain how your organisation administers the legal and ethical issues in relation to the use of information. P6: Explain the operational issues in relation to the use of business information

Costs

Many aspects of information management can cost money for example; storing the backup copies of the company on a remote server, this would be cost effective for big companies. However, small companies may not be able to find the money to do so or they may not be able to justify the amount of money they are spending. Many businesses need to consider the implementation and maintenance costs such as the additional resources needed and the cost of development against the benefits to the business. You should do this when you are considering what polices to adopt and what are the measure going to be.

Bibliography https://newlookbusinesssolutions.com/terms-and-conditions https://en.wikipedia.org/wiki/Freedom_of_Information_Act_2000 https://en.wikipedia.org/wiki/Data_Protection_Act_1998 http://www.newlook.com/furniture/help_centre_faq.jsp?pageName=Security+policy https://www.gov.uk/make-a-freedom-of-information-request/the-freedom-of-information-act http://www.newlook.com/eu/furniture/help_centre_faq.jsp?pageName=Terms+%26+conditions https://www.liberty-human-rights.org.uk/human-rights/what-are-human-rights/human-rights-act http://www.newlookgroup.com/sites/default/files/attachments/new_look_cobe_2013.pdf http://www.telegraph.co.uk/technology/news/9490081/Tesco-face-enquiry-over-lousy-websitesecurity.html http://www.bbc.co.uk/news/uk-northern-ireland-13925083 https://www.gov.uk/whistleblowing/what-is-a-whistleblower http://work.chron.com/ethical-issues-email-accounts-workplace-16688.html https://www.nibusinessinfo.co.uk/content/sample-acceptable-email-use-policy https://www.nibusinessinfo.co.uk/content/sample-acceptable-internet-use-policy http://www.bbc.co.uk/schools/gcsebitesize/ict/implications/3healthandsafetyrev3.shtml