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P5: EXPLAIN THE LEGAL AND ETHICAL ISSUES IN RELATION TO THE USE OF BUSINESS INFORMATION

VICTORIA MCINERNEY


Victoria McInerney 20130820 Nikki Unit 4 P5

Within this assessment I will be explaining and talking about the legal and ethical issues. Also the relation of the use of business information with an organisation that I have chosen. Within my assessment the organisation that I have chosen is Personnel & Care Bank, their information I cannot prove it as it is confidential but the information that I have within this I have got it from the office of my business. As my company is confidential I have been told if they have and I have done a bit of what they have said to me

Privacy act 1974 With the privacy act 1974, this is where the government has information about different people and then the government will protect the people information from other people within the UK. For example, people personal information about them. These information’s about these people are where they live what is wrong with them if they have an illness and etc.

http://legal-dictionary.thefreedictionary.com/Privacy+Act+of+1974 ‘’The Privacy Act of 1974 (5 U.S.C.A. 552a) is a federal law that places restrictions on the federal government's collection, use, and dissemination of personal information. As with most comprehensive federal statutes, the act provides general and specific exemptions as well as an administrative appeals process.’’ The Privacy Act 1974 within Personnel & Care Bank, they use the privacy act 1974 with all their service users and make sure all of their information is confidential so that other people who does not work their can not get hold of their information. Personnel & Care Bank has broken this law once before when a service user that they careered for has said something to the office, then they asked for the office not to say anything, but the office did go against this because it was for their own safety and they thought they was in risk of themselves. When the service user was inform that this happened then the service user went to sue the company but the company said, as they was worried about the service user wellbeing they decided to do something about it. When this went to count Personnel & Care Bank had things to back them up, at the end of the hole count case Personnel & Care Bank ended up winning as they did not do nothing wrong they just did this the


Victoria McInerney 20130820 Nikki Unit 4 P5 safety for the service user. After all of this the service user went to another company and didn’t us this company again.

Data protection Act 1998 Within Date protection act 1998 is where all information is kept safety and that no one can get it. Also that when it is on computer that there is a pass word is put onto it and that no one can get onto it only, you also if you have it written down that it is in a safe place so if someone brakes in to it then no one could get into the safe. ‘’The Data Protection Act (DPA) is a law designed to protect personal data stored on computers or in an organized paper filing system.’’ http://www.bbc.co.uk/schools/gcsebitesize/ict/legal/0dataprotectionactrev1.shtml The Data Protection Act 1998 within Personnel & Care Bank, they have not broken the date protection act 1998 this is because all of software on the computers within the office have all got passwords. This has all of the service user private information on it, also the company keep a spare copy placed within the office, that only the mangers know where this information is. On another hard years ago an usb went missing of a lot of people personal information went missing from the government. This was also on the news and this was a big thing that a lot of people personnel information when missing from the government this had a lot of people person information on it. When this went missing the government had a lot if problem with people asking what was they going to do as some people asking what was they going to do as some people have come into their office and taking it. This was a national problem that had to be fixing as soon as they could do it. http://www.out-law.com/en/articles/2013/October/lost-unencrypted-usb-stick-costs-council80000-data-breach-fine/

Human right act 1998 Common law duty of confidence. The Date protection Act 1998 is where the information of people are recorded and may hold things about you if something is said on the phone to someone and it look bad then something could happen to the other person on the other line. ‘’The Data Protection Act 1998 is important legislation that requires us to look after recorded information that we may hold about you, which relates to your private life. However, it is not the only legislation that your personal information.’’

personal and protects


Victoria McInerney 20130820 Nikki Unit 4 P5 http://www.bournemouth.gov.uk/CouncilDemocracy/ProvidingandProtectingInformation/Moreabo utthelegislation/HumanRightsAct.aspx Within Personnel & Care Bank the human right 1998 the law duty of confidence has not been broke within this this is because Personnel & Care Bank would not do this as service user files are, confidence and they do not want to know where they live and also for them not to know safe number. Also the company does not want people to how much money these people pay for the care, also there thing that the company does not what to talk about is if an illness and do not want to talk about it then this is also one can get into their information only if you work there.

common business, the everyone there key know is a big they have why no

Freedom of information act 2000 The freedom of information act 2000 is where the rights and recorded by different people of the public. If it is an important information then they have to tell the within the first 20 working days when this happen. ‘’The Freedom of Information Act 2000 (FOI Act) gives individuals rights of access to recorded information held by public authorities. In response to a request the public authority must tell the applicant whether it holds the information, and must normally supply it within 20 working days.’’ http://www.solihull.gov.uk/democracy/freedomofinformation.htm

The Freedom of information act 2000, Personnel & Care Bank have not broken this law as they will let all their employee’s and customer to say what they want. For example is something is wrong or they like some stuff to do with.

Computer misuse act 1990 The computer misuse act 1990 is where another company computer and token there and sometime have passed it on.

people hack it to information that is not


Victoria McInerney 20130820 Nikki Unit 4 P5 ‘’This was passed by Parliament and made three new offences:

1. Accessing computer material without permission, eg looking at someone else's files.

2. Accessing computer material without permission with intent to commit further criminal offences, eg hacking into the bank's computer and wanting to increase the amount in your account.

3. Altering computer data without permission, eg writing a virus to destroy someone else's data, or actually changing the money in an account.’’ http://www.bbc.co.uk/schools/gcsebitesize/ict/legal/1dataandcomputermisuserev2.shtml

The computer misuse act 1990 has been broken within Personnel & Care Bank, this happen a while ago where someone walked within the office and has token some people information before someone walked into them and was like what was they doing, (This part of this I can not say as they have asked me not to) but at the end of this they had to call the police involved and see what they where going to do.

Ethnical issues 148,140,141

Email- Emails

are form of writing when communicating is done within a business to commutate with another person would works within the business. Usually email are sent throughout the day the manager or staff could get over 100 emails a day. As this happens they are usually busy answering them. Some organisation find this a quick way to talk to people then when they are using the phone. If the business does the email wrong there is nothing that they can do as it has been sent. For example, if the email is wrong then there is nothing what they could do about this. This links to my business because when they send you your rota saying what days and times to be somewhere. The company also send you are


Victoria McInerney 20130820 Nikki Unit 4 P5 email if you haven’t called in to a service user house and they want to know where and ask if you written it down and they have sign the forms.

Whistle blowing – Whistle blowing is when employee that are raises a concern about the organisation practice. This is usually spoken about to the manager of the business or even sometimes it could go to the press about this. For example, if the business has or have had danger or even anything more then that has happened, any of these can be really serious and then the business is at risk of closing down this depended of what has happened within a company. The company that I chosen and this happened within this then the company would be closed down as it is a careering company and these thing should not happen within this organisation, such as if a career has done something to another career or even worse to a service user. Internet – The Internet bit of the business is usually when companies have codes of practice when they use the Internet. This also tell them when an employee is a load to use the internet at work. When a business has internet within their work place they all have codes to get into them. For example, the company that I am looking at their employees are not a load on their computers at all. Only time they can is if the manager is there with them looking for the place for them to go. Such as if they haven’t been there before and just double check they are going to the right place.

Organisation policies- Usually every business has an organisation policies, so then they information for their business is done more ethically. The managers information is done for marketing and other business are practices are always fair. For example, my organisation that I have chosen try to go by the law as good as they can they only break it if there is something really importance to say, which they have done before.

Information ownership- The information ownership that happens within a company is is simple is where they create different information within a days work or even out of work hours. For example, usually when someone writes a report on another member of stuff this report should be confidential but only to a point unless you thing the employee is at danger to themselves or other people around them. If this happened then you have to stand by what you have written and not to go agent it. Within my business with there information ownership all careers have to write a report on the service user each time they vised them if this isn’t done then they will get into trouble. The company has to go by what has been said on the report these reported get looked at every week, just to make sure everything is getting done to the best it can and to also to keep an eye on the service users.

Conclusion Overall within my assessment I have spoken about if my company that I have choice has broken any of these laws that I have spoken about. Also I have said if Personnel & Care Bank has broken this or if they haven’t broken it. With my business that I am doing I cannot prove it as they cannot put it on to the internet for company reason but I have gone into the office and have asked about this and they have told me and I have written what has happened and try my hardest to explain it as much as I can. Also I spoke about the ethical issues within an organisation


Victoria McInerney 20130820 Nikki Unit 4 P5

Bibliography Information- I got my information from my office as it wasn’t on the computer to prove this, this is why they have not got it on the computer this is the private law that the company cannot discuss this information over the screen.

Front coverhttps://www.google.co.uk/search? q=eee+book&safe=active&source=lnms&tbm=isch&sa=X&ei=YsqMUtC3CIuR0 QWIrYDwDw&ved=0CAcQ_AUoAQ&biw=1404&bih=699#q=eebook+logo&safe =active&tbm=isch&facrc=_&imgdii=_&imgrc=geqS3uJOzmc-HM%3A %3BZUfqF_Be_YqDhM%3Bhttp%253A%252F%252Ffindlogo.net%252Fimages %252FE%252Febook%252520logo.jpg%3Bhttp%253A%252F%252Ffindlogo.net %252Fshow%252Fdetail%252FE%252Febook-logo%3B808%3B808

https://www.google.co.uk/search?q=personnel+ %26+care+bank&source=lnms&tbm=isch&sa=X&ei=WmyKUv_8POTF7Aat4YGIBQ&sqi=2&ve d=0CAcQ_AUoAQ&biw=1920&bih=899#q=legal+and+ethical+issues+&tbm=isch&facrc=_&i mgdii=_&imgrc=-DCKYlGKbudMPM%3A%3BMXwEHvZNs_hx1M%3Bhttp%253A%252F %252Fgilrojoadamthethird.portfoliopen.com%252FResources%252F6821%252F45098560x560-scale.jpg%3Bhttp%253A%252F%252Fgilrojoadamthethird.portfoliopen.com %252Fartwork%252F6821%252Fstandard-bcs-ca1-1%3B334%3B324

Pictureshttps://www.google.co.uk/search?q=personnel+ %26+care+bank&source=lnms&tbm=isch&sa=X&ei=WmyKUv_8POTF7Aat4YGIBQ&sqi=2&ve d=0CAcQ_AUoAQ&biw=1920&bih=899#q=legal+and+ethical+issues+&tbm=isch&facrc=_&i mgdii=_&imgrc=43m5s1DqPwE0IM%3A%3BlH3NoBhMe647PM%3Bhttp%253A%252F %252F4.bp.blogspot.com%252F_ahHjewZ7Qh8%252FSQr68iGpfxI%252FAAAAAAAAAEQ %252Fq5nwrx2ZlsM%252Fs320%252FLegal%252Band%252Bethical%252BIssues.jpg%3Bhttp %253A%252F%252Fspecialchilddentistry.blogspot.com%252F2008_10_01_archive.html %3B288%3B144 https://www.google.co.uk/search?q=personnel+ %26+care+bank&source=lnms&tbm=isch&sa=X&ei=WmyKUv_8POTF7Aat4YGIBQ&sqi=2&ve d=0CAcQ_AUoAQ&biw=1920&bih=899#facrc=_&imgdii=_&imgrc=6fM2_0KIBYKZBM%3A %3BQcNYV2NJ8WmKtM%3Bhttp%253A%252F%252Fwww.careplace.org.uk%252FServices %252FLogo%252F3433%252FLarge%3Bhttp%253A%252F%252Fwww.careplace.org.uk %252FServices%252F3433%252FPersonnel-Care-Ban%3B200%3B200


Victoria McInerney 20130820 Nikki Unit 4 P5

https://www.google.co.uk/search?q=personnel+ %26+care+bank&source=lnms&tbm=isch&sa=X&ei=WmyKUv_8POTF7Aat4YGIBQ&sqi=2&ve d=0CAcQ_AUoAQ&biw=1920&bih=899#q=privacy+law&tbm=isch&facrc=_&imgdii=_&imgrc =Z4cgD_n8Ge2mmM%3A%3B5uR_64kUrKa9vM%3Bhttp%253A%252F %252Fcommerciallaw.wikispaces.com%252Ffile%252Fview%252FPrivacy-lawhero.220x142%25255B1%25255D.jpg%252F174396979%252F407x235%252FPrivacy-lawhero.220x142%25255B1%25255D.jpg%3Bhttp%253A%252F %252Fcommerciallaw.wikispaces.com%252FPrivacy%252BLaw%252Bin%252BNew %252BZealand%252B-%252BHow%252Bcomplaint%252Bis%252Byour%252Bbusiness %252Bwith%252BPrivacy%252BLaws%25253F%3B220%3B142 https://www.google.co.uk/search?q=personnel+ %26+care+bank&source=lnms&tbm=isch&sa=X&ei=WmyKUv_8POTF7Aat4YGIBQ&sqi=2&ve d=0CAcQ_AUoAQ&biw=1920&bih=899#q=privacy+law&tbm=isch&facrc=_&imgdii=_&imgrc =1hu9aSbZs0D_6M%3A%3B9a7Jjir_RTBS7M%3Bhttp%253A%252F %252Fwww.clarealumni.com%252Fs%252F845%252Fimages%252Feditor%252FNews %252520Images%252Fprivacy_law.jpg%3Bhttp%253A%252F%252Fwww.clarealumni.com %252F%253Fsid%253D845%2526gid%253D1%2526pgid%253D252%2526cid %253D2361%2526ecid%253D2361%2526ciid%253D7818%2526crid%253D0%3B450%3B300 https://www.google.co.uk/search?q=personnel+ %26+care+bank&source=lnms&tbm=isch&sa=X&ei=WmyKUv_8POTF7Aat4YGIBQ&sqi=2&ve d=0CAcQ_AUoAQ&biw=1920&bih=899#q=Human+right+act+1998+Common+law+duty+of+ confidence.&tbm=isch&facrc=_&imgdii=_&imgrc=bYqsAclIRZVMVM%3A %3B3fd0rN8lsWnGFM%3Bhttp%253A%252F%252Fadam1cor.files.wordpress.com %252F2013%252F09%252Fhuman-rights.jpg%3Bhttp%253A%252F %252Fukhumanrightsblog.com%252Ftag%252Fhuman-rights-act%252F%3B2550%3B1200 https://www.google.co.uk/search?q=personnel+ %26+care+bank&source=lnms&tbm=isch&sa=X&ei=WmyKUv_8POTF7Aat4YGIBQ&sqi=2&ve d=0CAcQ_AUoAQ&biw=1920&bih=899#q=Freedom+of+information+act+2000&tbm=isch&f acrc=_&imgdii=_&imgrc=qHzO_19OR7B_fM%3A%3BpvJ5x8ljC-ActM%3Bhttp%253A%252F %252Fwww.roehampton.ac.uk%252Fassets %252F0%252F627%252F119%252F2147483989%252F52acd3b9-edd4-4ec9-bdce055ad6894ae8.jpg%3Bhttp%253A%252F%252Fwww.roehampton.ac.uk%252FCorporateInformation%252FInformation-Compliance%252FFoI%252F%3B299%3B299 https://www.google.co.uk/search?q=personnel+ %26+care+bank&source=lnms&tbm=isch&sa=X&ei=WmyKUv_8POTF7Aat4YGIBQ&sqi=2&ve d=0CAcQ_AUoAQ&biw=1920&bih=899#q=Computer+misuse+act+1990&tbm=isch&facrc=0 %3Bdata%20protection%20act%201998&imgdii=_&imgrc=_


Victoria McInerney 20130820 Nikki Unit 4 P5

https://www.google.co.uk/search?q=personnel+ %26+care+bank&source=lnms&tbm=isch&sa=X&ei=WmyKUv_8POTF7Aat4YGIBQ&sqi=2&ve d=0CAcQ_AUoAQ&biw=1920&bih=899#q=legal+and+ethical+issues+&tbm=isch&facrc=_&i mgdii=_&imgrc=gbhr46XU01Wd2M%3A%3Byy78EOE9vU1qTM%3Bhttp%253A%252F %252Fwww.hahf.org%252Fwp-content%252Fuploads%252Flaeiheader.png%3Bhttp%253A %252F%252Fwww.hahf.org%252Fawake%252Flegal-and-ethical-issues%252F %3B600%3B150

Privacy act 1974http://legal-dictionary.thefreedictionary.com/Privacy+Act+of+1974 Data protection act 1998http://www.bbc.co.uk/schools/gcsebitesize/ict/legal/0dataprotectionactrev1.shtml http://www.out-law.com/en/articles/2013/October/lost-unencrypted-usb-stick-costscouncil-80000-data-breach-fine/ Human right act 1998- common law duty of confidencehttp://www.bournemouth.gov.uk/CouncilDemocracy/ProvidingandProtectingInformation/ Moreaboutthelegislation/HumanRightsAct.aspx Freedom of information act 2000http://www.solihull.gov.uk/democracy/freedomofinformation.htm Computer misuse act 1990http://www.bbc.co.uk/schools/gcsebitesize/ict/legal/1dataandcomputermisuserev2.shtml Ethnical issues, information was founded within the book – Business Level 3 Book 1 BTEC National - John Bevan, Helen Coupland-Smith, Rob Dransfield, John Goymer and Catherine Richards. Pages 148, 140 and 141.


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