Explain the legal and ethical issues in relation to the use of business information P5

In this assignment I will be explaining about the legal and ethical issues in relation to the use of business information within the JD sports business. I will also be talking about all the legal and ethical that might have effected JD sports.

Data protection act 1998

The Data Protection Act (DPA) gives individuals the right to know what information is held about them, and provides an outline to ensure that personal information is handled in the correct manor. The Act first came into play in March 9th in the year 2000, the law covers personal data held about an individual in manual files. It also has restrictions about sending information outside Europe Economic Area, which particularly has an impact on placing the material on the web. Since this act has come into play JD have had to tighten up with security to make sure information is properly handled.

Rules about the Law

Everyone responsible for using data has to follow strict rules called ‘data protection principles’. They must make sure the information is:

Everyone responsible for handling the information must take into consideration these rules:

It should be used fairly and abide by the law It should be used for limited, specifically stated purposes It should be used in a way that is adequate, relevant and not

excessive It should be Accurate It shouldn’t be Kept for no longer than is absolutely necessary It should be Handled according to people’s data protection

rights It should be Kept safe and secure Lastly Not transferred outside the UK without adequate

protection

Freedom of Information Act 2000

The Freedom of Information Act 2000 provides public access to information held by public authorities. It does this in two different ways, public authorities will have to publish certain information regarding the different activities and members of the public are entitled to request information.

The public have the right to a law called The Freedom of Information (FOI) Act.

This means that the public have the right to know about certain activities and are entitled to ask the authorities certain information this authorities includes:

central government and government departments local authorities state schools, colleges and universities police forces and prison services hospitals, doctors' surgeries, dentists, pharmacists and opticians businesses owned by public authorities

If you work for JD sports, you might be asked to provide information regarding activities for example emails, order forms etc. if the public ask about this, perhaps if they have a complaint or something went wrong, they are entitled to find out and you are obliged to provide them with the information. This comes under the FOI act.

JD sports hold certain information that the public can view. For a small sum of money you can see the history and activities that happened in the store. The employees must provide this information once requested but information up to date so that the information given is accurate.

Computer misuse act 1990

The computer misuse act of 1990 is a law permitted by the British government. It was introduced to reduce the threat the increasingly number of hackers and hacking.

The law has three parts, it is now illegal to:

Access a computer without permission

Access a computer without permission, with intention to break another law.

Change, break or copy files without permission.

People who break this law can be sentenced to a period of time in prison (6 months)

The computer misuse act states that hacking through computers is illegal and sharing the information is likewise illegal. JD sports will have a secure system that will do the best possible job to prevent hacking. Hacking, may in some cases happen from within the store. This can be done by the employees using information given to them for other purposes. The employers will have to trust the employees with the given information to do what the customer has asked for.

For a company like JD sports they are capable to use the law to their advantage this can be seen through them monitoring the activity on their website and their software. If JD sports find any breach of the law then they are able to corporate with the police in order to resolve the situation

Human Right Act 1998 –common law duty of confidence

The human rights act is a UK law passed in 1998 by the British government. It means that you can defend your rights in the UK courts and the police and government must treat everyone equally, with dignity and respect.

The human rights act protects everyone from the rich to the poor from the young to the old, everyone has the same rights as each other. However, the law is often misunderstood and can be misinterpreted.

Privacy Act 1974

The privacy act of 1974, passed in the United States, establishes a Code of Fair Information Practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies.

Ethical issues

What is ethical issues?

Ethical issues are a problem or situation that requires a person or organisation to choose between alternatives that are evaluated and right or wrong.

For a company like JD sports the employees are not allowed to misuse their company’s emails in a way that does not fit the interests of the business. Also, they are not allowed to use the companies email without permission. The company cannot use an individual or a company’s money or details in a way that is not permitted. JD sports have the capability to block anyone that is reply to emails in a negative manor. The employees and workers at JD sports muse use their email only for business reasons and not for personal uses.

Use of Internet

Many companies have a code of which they abide by when it comes to internet use. Employees of JD sports are supposed to use the internet for specific purposes for example, researching, evaluating, new ways of improving etc. JD sports employees will have a clear idea of what is allowed and what is not permitted. Also,

Practices such as stealing copyright, intercepting one’s private e-mail, deliberate public misinformation, misuse of research material, unauthorised commercial/personal use of network, stealing credit information from financial institutions or people, are seen as illegal.

Whistle Blowing

Whistleblowing is officially defined as “making a disclosure that is in the public interest”. It will usually occur when an employee discloses to a public body, this means that information will be given to authority about a potential misuse in information. For example if an employee is using information in a negative way and a fellow employee or another member of staff notices they can go to the police to ensure that this stops and the individual is sanctioned. As a result there is significant legislation in place to protect whistle blowers.

Explain the operational issues in relation to the use of business information P6

In this assignment I will be exploring the operational issues relating to the use of business information. The business I have chosen to do my assignment on is JD sports.

Two fundamental Issues are

The organisation receives information it requires, this means that JD sports will receive information from customers when for example they order things from their official site. The appropriate member of staff receives the information that the specific department needs, this comes under the policies of the company. This information will be first handled by human resources of the store and the make sure that notices are given to the right members of staff.

Security of Information

This will deal with maintaining the availability of information within the organisation. This is mainly focused on digital data. It is important for a company to have the right information available for when they need it, this is in order for them to make the best decisions for business. The information is normally kept on IT servers. However the reliance on technology is high meaning that if the software should be hacked or attacked by a virus the business are in serious threat of losing key information. The IT security policy is implemented by the company and should take into consideration all the accounts of the common risks the company faces. This may include secure logins and designed applications to ensure the safety of these documents.

For a company like JD the procedures implemented by the company and many other companies to follow the data protection act. At JD sports they take online security very seriously and the systems are protected to the highest possible standards. When you enter a secure site, your web browser will go into secure mode. Then can check that you are shopping in a secure environment by looking for either a locked padlock or a key icon in the grey bar at the bottom of your screen. If you enter a secure site, your web browser will go into something called secure mode. Which means you can check that you are shopping in a secure environment by looking for either a locked padlock or a key icon. "Secure mode" means that all of your details are encrypted so your card details cannot be viewed by anyone else on the internet.

Back ups

Back-ups are described as the copy of important and in-excludable data. In the case of viruses, power outages etc. a copy is created to have as a “back-up”

JD sports may require a back-up of product related information, such as the recorded

prices of every product sold in store and online. If this information is lost without a back-up then JD sports will have to re-price the items.

Health and Safety

For JD sports it is everyone’s responsibility to ensure the mange the health and well-being of staff, and fellow colleagues. The safety arrangements will be explained to staff once they do their training, for example the fire exits will be shown to the staff in the case of a fire. Making JD sports a safe place to work and to shop is vital for the experience of everyone working or associated with the company.

At JD sport they will have to abide by the following rules:

Protect the health and safety of our employees, customers and the public, as well as protect the environment

Monitor and continuously improve quality of our products and services

Identify hazards, analyse their impact in QHSE performance and implement controls to reduce risk, minimizing losses or damage to people, environment, equipment, products and assets

Comply with applicable legislation and regulations in the locations where we operate

Effective application of this policy will be actively enforced in all our locations.

Business Continuance Plans

A business continuity plan is enforced through the understanding and knowledge of the threats posed to the companies, with an eye to ensure that personal assets are insured so that if there should be a disaster the company will receive what they had beforehand.

JD sports will need a continuity plan as they have a lot of merchandise and machinery in the store and will need to back this up in case of a disaster. This will ensure that in the case of a disaster the business will fluently resume to action

Costs

Costs to a business is defined as the additional sum of money that has to be paid back. Operations such as the security of data and health and safety are vital to a business. To secure confidential data such as customer details the organisation details will require the best possible level of security and the firm will have to hire professionals to maintain the safety of this information. This IT person, or business, will be paid regularly, for continually ensuring the stability of their security.

Although this will add to the costs of the business, and potentially reduce profit margins, it although this will add to the costs of the business it will

ensure the safety of the details of the customers, as well as key business information. So it is seen as a beneficial investment.

Another cost would arise from implementing health and safety regulations and procedures. One example may be; a hygiene room, for when employees are getting on with their work in the morning. Another cost to the business is the health and safety regulations however this is seen as a compulsory investment and ensures the health and safety of the workers at JD sports.

They are required to enter the hygiene room every morning before work, then then clean their hands and uniform. Again, extra costs will arise from implementing the procedure, however the procedure will enable the organisation, when monitored, to keep a high standard of hygiene within the businesses.

Conclusion

In conclusion I have shown the legal and ethical issues in relation to the business and their standard of keeping the information safe. I have explained the operational issues in relation to JD sports and their use of business information.

http://www.wisegeek.org/what-is-the-computer-misuse-act-of-1990.htm

http://www.studymode.com/essays/P5-Explain-The-Legal-And-45938472.html

https://www.gov.uk/data-protection/the-data-protection-act

http://www.findlaw.co.uk/law/employment/problems_at_work/500382.html