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Risks and Implications of Non-Compliance

Our group have been offered the data place: Street Collision Casualties in Camden. This data is printed by the London Borough of Camden which is licensed under the Start Government Licence. All data on road collisions are provided by TfL (Transfer for London), who present the data in three parts with an annual basis. The info set contains information on the casualties where some information has also been added from attendants. The attendants and vehicles are documented as individual data collections and are available on an open up platform, as a result they could be joined together through a reference column. If signed up with together the info will show damages where multiple casualties, attendants and vehicles were present. Within the reference you will see several files for the same occurrence. It's advocated that data evaluation should be carried out which uses three years of data to avoid any anomalies.

The statistics in the info set displays personal injuries which have occurred on public highways which were reported to the authorities. The police make a note of the information by using a STATS19 form which is the way the data is noted.

While it is not possible to forecast every potential legal issue that the application form may face, both during development level and used, utilising the Highway Collision Casualties in Camden data set, the most frequent pitfalls can certainly be avoided. Utilizing a proactive legal compliance strategy, through the early area of the development process, will minimise the legal risk and fortify the protection of request itself.

Introduction

Risks and effects of non-compliance

Failure to create the software in accordance with the many legislative and industry constraints, may lead to a product that will catch the attention of, in the most severe case situation, legal action and/or make the product difficult to market. Also, it can be incompatible with other software or data forms. Research into the various specifications, industry codes and relevant legal responsibilities will allow the design to progress with clarity regarding these requirements.

Standards, codes legislation

The particular items which are highly relevant to this job are the following:

-The British Computer Culture Code of Practice

-The Open Administration Licence for General public Sector Information

Data Protection Action 1998

It is considered that this Act is not suitable for the data accessed by the program, as it contains no personal information. However, chances are to be relevant to data being placed regarding the users of the application in terms of these logging in to the system and the annals with their use of the data, so we have to be in compliance with Data Coverage Action 1998(DPA). Because we will be storing and handling personal information, small mistakes and inaccuracies can lead to severe data security breaches and present surge to serious outcomes. Compliance with data protection legislation is not just a subject of good practice, this is a legal need and, as the penalties for nonfulfillment are really serious, especially nowadays in an environment of increasing target upon data cover, it goes without saying that for this application that people are creating, we need to take great attention to protect personal information.

The Data Safety Function 1998 is enforced by the Information Commissioner's Office (ICO), which has considerable powers when it confirms an company to maintain breach of the data protection principles in the way data is treated. The Information Commissioner has historically shown he is ready and eager to take action, and in extreme circumstances, to bring legal proceedings with respect to mishandling of private information. The results and penalties which may follow breach of data coverage obligations are assorted, and in most cases very serious. The ICO's action can include:

  • Monetary penalty notices; (For serious breaches of the DPA the fines could reach up to 500, 000).
  • Criminal Prosecutions; (Intentionally breaching the DPA can lead to possible prison phrases).
  • Undertakings; (Organisations have to invest in a particular plan of action to improve their compliance and avoid further action from the ICO).
  • Enforcement notices; ( Organisations in breach of one or even more of the DPA principles must take specific steps in order to adhere to the law).
  • Audit; (The ICO has the power to audit federal departments without consent to check on organisations are complying).

Disability Discrimination Action 1995

This would apply in conditions of the display of the user interface with reference to, for example, color distinction and legibility.

Add conformity with the DDA to the job requirements.

Analyse the number of individual types and identify any people likely to fall under the DDA that could use the machine. Go through the individuals interfaces that the system will use and ensure that projected users can utilise the application form.

Demonstrate that the application form has been made to meet these needs in terms of, for example, identity/font/ size/coloring/contrast or in conditions of any audible or spoken interfaces.

Display Screen Laws 1992

The user interface should not bargain an employer's ability to adhere to this legislation. For instance, repetitive strain incidents or eye pressure. Gleam Human Factors concern here in conditions of optimising individual performance by keeping concentration, thereby lowering errors. That is unlikely to truly have a direct effect on the creator/supplier of the program but may have a reputational impact if the merchandise is problematic at work.

Intellectual property

Before we started out our job it was essential for us as an organization to have a firm knowledge of intellectual property rights and how they connect with the program industry, as guarding our software application would make it better to take legal action against anyone who steals or copies it. Software applications law is recognized from almost every other intellectual creations shielded by intellectual property legislation in that different facets of the program is qualified to receive protection by patent, copyright and trade secret laws. Each kind of protection has advantages and disadvantages under the existing laws.

Historically it has been quite hard to get software application approved for patent from UK Intellectual Property Office. Which means that UK software developers have been still left to count on copyright to safeguard their work. This is something we had to consider because copyright only offers security against being copied. However, the Patents are an absolute right against unauthorised use of the patent holder's technology, and can protect the underlying/original ideas and processes of our software. So with a patent, it does not matter whether a rival has copied the program or developed the same program - or indeed some other program which uses the same ideas or process steps - independently, it still breaches the patent and us as patent holders can claim injuries and/or an injunction to enforce their protection under the law.

In the situation of our software, copyright legislation would protect the source and subject code, as well as certain unique original elements of the user software. While the patent can protect the novel ideas embodied inside our request which copyright cannot. However, as I mentioned previously, historically it has been shown it is quite tough to get software application approved for patent and there is no guarantee that the UK Intellectual Property Office will offer a patent for our software technology. Moreover, the costs for obtaining a software patent are significantly higher, so we as a firm have to think about our options and choose the best possible.

Furthermore, the conditions useful for the application form itself are given by us who designed the application form, but also it should be noted that the data being accessed by the application form is also at the mercy of conditions useful by the data owner. This data is released by the London Borough of Camden which is accredited under the Open Federal government Licence v3. 0. These conditions also needs to be provided to the end customer and embodied in supplier's conditions useful. The Licensor grants us an internationally, royalty-free, perpetual, non-exclusive licence to make use of the Information subject to the conditions like:

"acknowledge the source of the Information in your product or request by including or linking to any attribution affirmation specified by the info Service provider(s) and, where possible, provide a connect to this licence"

This means were obligated by the Open up Administration Licence to give a website link for our person or let the person know that applications has general population sector information certified under the Open up Government Licence. That is one of the main conditions of the licence and when our company does not comply with them the protection under the law granted to us under this licence, or any similar licence awarded by the Licensor, will end automatically.

It is also important to notice that is version 3. 0 of the Open Administration Licence. The Controller of this licence may change the licence itself every once in awhile and concern new versions of it. And if that happens the terms of this licence will continue steadily to apply from the prior version (current version which is 3. 0).

Software licensing

A software license is a report that provides lawfully required rules for the usage and sharing of software. A software licensing agreement will protect our copyright and IP protection under the law by placing restrictions on the end user in relation to how the software can be used. The software licence will allow the end users to acquire one or more copies of the software, without violating copyrights.

When we post our end product it is important that people licence our software meticulously to retain the IP rights and ensure we're able to generate revenue from our work. A software licence usually will come in one of three major forms:

  • Proprietary licence
  • Free licence
  • Open software licence

User requirements

Consultation with an individual of the program and your client, for whom the work is being carried out, will enable a full and clear understanding of their objectives to be captured in the form of a Individual Requirements Specification. Specifically, the types of users, the way the data will be reached and used should be looked for from consumer and fully grasped. This, combined with any legislative, industry or specifications requirements, will form the overall Project Requirements Standards.

Specification/requirements

Taking all of the above a definitive set of Project and Technical requirements can be developed. These will permit the project to carry on from an obvious and common understanding. All Stakeholders should signal the requirements and any succeeding changes should be avoided, but if necessary, performed in a controlled process. That is important in controlling cost, program and steering clear of differing goals.

Verification

It is important to constantly check back again against the requirements as the design develops. This can be done by means of a requirements matrix and documenting research (links to docs/specs) that every requirement is being met.

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