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Forever21

P5_ legal and ethical issues

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Priyanka Khatri

This project is about the legal

and ethical issues in Forev-

er21. The laws includes; Com-

puter Misuse Act 1990, Data

Protection Act 1998 and Free-

dom of Information Act 2000.

The ethical issues will be dis-

cussed and this includes; the

use of e-mails, whistle- blowing

and the use of the internet. It is

also about the ways Forever21

obey these laws.

Forever21

Data Protection Act 1998

Freedom of Information Act

2000

Computer Misuse Act 1990

Human Right Act 1998 –

common law duty of confidence

Privacy Act 1974

Priyanka Khatri

Data may only be used for the specific purposes for which it

was collected.

Data must not be disclosed to other parties without the con-

sent of the individual whom it is about, unless there is legisla-

tion or other overriding legitimate reason to share the infor-

mation (for example, the prevention or detection of crime). It is

an offence for Other Parties to obtain this personal data with-

out authorisation.

Individuals have a right of access to the information held about

them, subject to certain exceptions (for example, information

held for the prevention or detection of crime).

Data protection act 1998 simply means that individuals and

Forever21’s data are not to be shared or sold without prompt

permission. Data should be obtained fairly and lawfully. It also

means that the data should only be used for the specific rea-

son if it was given. It aims at protecting personal information,

such as, address, date of birth, e-

mail, telephone number and other

personal details.

Data Protect ion Act 1998

Freedom of Information Act 2000

The Freedom of Information Act

2000 (FOIA) gives a general right

of public access to all types of

'recorded' information held by

public authorities, sets out ex-

emptions from that general right,

and places a number of obliga-

tions on public authorities.

Freedom of information act 2000

is that law makes it legal for indi-

viduals or companies to ask the

government or public authorities

for the release of information.

Forever21 does not have any in-

formation where they have failed

to give out Freedom of Infor-

mation.

Priyanka Khatri

Computer Misuse Act 1990

Unauthorised access to computer material will be punisha-

ble by 6 months' imprisonment or a fine.

Unauthorised access with intent to commit or facilitate com-

mission of further offences will be punishable by 6 months/

maximum fine.

Unauthorised modification of computer material, subject to

the same sentences as section 2.

Computer misuse act 1990 simply means it is illegal and

punishable by law for any individual or company to hack into

any computer system and steal information. It came into ef-

fect in 1990. It also makes it illegal for anyone to help unau-

thorised people with private information. Forever21 prevents

the computer misuse act by creating some laws to guide the

use of their computers and websites by their employees.

They also have their codes and policies that guide the use

of computer by their employees.

With Forever21, there is no infor-

mation on the Computer Misuse

Act. However on the ASOS terms

and conditions there is infor-

mation about their Computer Mis-

use Act.

Human Right Act 1998 – common

law duty of confidence

The Human Rights Act 1998 (also known as the Act or

the HRA) came into force in the United Kingdom in Octo-

ber 2000. It is composed of a series of sections that have

the effect of codifying the protections in the European

Convention on Human Rights into UK law.

Human Rights Act 1998—common law duty of confi-

dence are the basic rights and freedoms that belong to

every person in the world. This act includes data Protec-

tion Act, freedom of Information Act, Computer Misuse

Act, Privacy Act, education, work, freedom of express,

etc.

As Forever21 doesn’t have

their Human Rights Act, I

have taken a screenshot of

ASOS and their Human Rights

Act policy.

Priyanka Khatri

Use of email

Use of Internet

Whistle– blowing

Use of E-mail

Use of E-mails mean employees are not allowed to mis-

use their companies e-mails and the companies that have

their e-mails are not supposed to trade it with the permis-

sion of the organisation or without individual’s permission.

It also entails that e-mails are not to be used to swindle an

individual or a company of their money or details.

As Forever21 does not have information on this I have

used Sony as an example

“Sony Corp. (6758) has been rocked in recent weeks by a

pair of high profile system intrusions. One intrusion

caused the outage of the company's Qriocity streaming

media and PlayStation Network (PSN) services, along

with the loss of 77 million customer records. A second

intrusion at Sony Online Entertainment lost 24 million

additional customer records. Together the intrusions

may have lost over 10 million customers credit and debit

cards, though Sony is still being unclear about whether

or not this valuable information was taken.”

http:www.dailytech.comSony+Hit+With+First+Lawsuit+After+Losing+101+Millio

n+Customer+Records/article21540.htm

Priyanka Khatri

Use of Internet

Our employees are supposed to use the internet for the

specific purpose why it was made; thing like researching,

evaluating and general building of one’s knowledge.

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 insti-

tutions or people, are considered illegal.

Here is an example of Sony :

“The pair had hacked into Sony’s servers from their home

computers and, according to the Serious Organised Crime

Agency (SOCA), had downloaded over 7,000 files. These

included unreleased songs by the late Michael Jackson

which SOCA alleged were specifically targeted by the

hackers who were aware of the seven-year Sony deal with

his estate to posthumously sell his unreleased material.”

http://blogs.dlapiper.com/mediaandsport/2013/01/17/legal-director/

Whistle– blowing

A whistle blower is a person who tells the general public or

someone in authority about alleged dishonest or illegal ac-

tivities taking place in a government department, a public

or private organization, or a company. Whistle blowing is

illegal and is punishable by the law.

Here is an example of whistle-blowing with Sony.

“The man who blew the whistle on the controversial Prism

surveillance program has revealed himself as a 29-year-old

former CIA employee, in a fascinating interview with The

Guardian.” Snowden, who is now holed-up in Hong Kong,

says he expects to 'never see home again,' but claimed he

doesn't wish to live in a place where everything the public

says or does is recorded by the government. He said:

"With this capability, the vast majority of human communi-

cations are automatically ingested without targeting. If I

wanted to see your emails or your wife's phone, all I have

to do is use intercepts. I can get your emails, passwords,

phone records, credit cards.”

http://www.techradar.com/news/internet/prism-whistleblower-outs-himself-

claims-nsa-are-ingesting-everything--1157530

Priyanka Khatri

Organisational policies

Organisational polices are the methods of action, which

are taken usually by organisations to guide and determine

present and future decision and also the positions on

public matters. Some organisation policies are

Compensation policies, Employment status policies,

Private policies and the International hiring policies.

As there is no information about this on forever21, I have

used information on Sony.

In May 2013, our company has started to adopt the Sony

Group of Conduct, which is the basic of internal standards

to be observed by all directors, officers and employees of

the Sony Group, in order to highlight and further

strengthen corporate governance, business ethics and

compliance systems throughout the Sony Group.

Furthermore, to legal and compliance standards, the Code

of Conduct sets out the Sony Group's basic policies

concerning ethical business practices and activities on

such topics as respect for human rights, safety of products

and services, environmental conservation and information

disclosure.

Forever21 is committed to ethical business practic-

es and they hold their suppliers to the same high

standards. It is Forever21 Group policy to comply

with all applicable laws and regulations of the

countries and regions in which we operate and to

conduct their business activities in an honest and

ethical manner. The Forever21 Group Code of

Conduct declares that Forever21 Group expects its

suppliers to uphold the policies of Forever21 Group

concerning compliance with all applicable law, re-

spect for human rights, environmental conservation

and the safety of products and services.

The way Forever21 Corporation

deals with ethical issues by means

of policies and code of practice.