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Regulations for the Use of Computing Facilities

Approved by: Senatus Academicus

Definition of Computing facilities

University Computing Facilities comprise:

Authorised Users

These Regulations shall apply to all use by staff, students and any other authorised user of any of the computing facilities administered by the University or any of its departments.

No person shall use any University computing facility who has not been appropriately and individually authorised.

Acts of Parliament

Authorised users are expected to abide by the requirements of UK law related to the use of computers, data and information. The principal statutes are as follows:

Data Protection Act 1998

Users processing personal data as defined by the Data Protection Act 1998 must inform the University's Information Compliance Officer of their actions and must comply with the provisions of that Act, the University's Data Protection Policy and any other instructions which the Information Compliance Officer may deem necessary.

Computer Misuse Act 1990

It is an offence:

Copyright Design and Patents Act 1988

Users shall observe the licensing requirements attached to any software they purchase or use and shall comply with the provisions of the Copyright, Designs and Patents Act 1988 and with any additional conditions imposed by current copyright law. Copying of computer software, unless explicitly allowed, and the use of unlicensed or pirated software shall not be undertaken.

Users shall further comply with the provisions of the Copyright, Designs and Patents re any data introduced to the University's computing facilities and must not copy or otherwise distribute data without the express permission of the copyright holder.

Defamation Act 1996

It is an offence to publish untrue statements which adversely affect the reputation of a person or group of persons.

Regulation of Investigatory Powers Act 2000

The University may, where lawful, intercept and/or monitor communications under the provisions of the Regulation of Investigatory Powers Act 2000. Users attention is drawn to this under the Lawful Business Regulations.

The act allows the University to intercept communications, without consent, for purposes such as recording evidence of transactions, ensuring regulatory compliance, detecting crime or unauthorized use, and ensuring the operation of communication systems.

Freedom of Information (Scotland) Act 2002

All information held on University computing facilities created in the pursuit of normal University business and where the Intellectual Property for such information resides with the University is deemed to be the University's information and 'held' by the University for the purposes of the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004. The decision about the release of any information will be taken by the Secretary of the University following advice from appropriate officers.

Use of facilities

Any use of University computing facilities to create, store or disseminate information or to access external computer networks or other computer based communication systems must conform to the JANET policy on acceptable use.

Computing facilities shall not be used to display, print, transmit or store text or images or other data which could be considered offensive such as pornographic, racially abusive or libellous material.

Users shall:

In using the University's computing facilities users accept that the University of Dundee accepts no liability for the loss or corruption of any, file or files or data, contained therein or loss or damage (excluding any liability for personal injury or death) to users or to third parties, or their equipment, operating systems or other assets which may result from the use of computing facilities or their withdrawal.

In using the University's computing facilities users accept that the University of Dundee has the right to take legal action against individuals who cause it to suffer loss or damage, including damage to its reputation, or be involved in legal proceedings as a result of their breach of these Regulations, and to seek reimbursement of such loss, or any associated costs including the costs of legal proceedings.

Where damage to University computing facilities results from the negligence of any user to fulfil duties or requirements that could be reasonably expected of them the University may choose to take appropriate action.

Breaches of Regulations

In terms of Ordinance 40 (Student Discipline) the Senatus has delegated to the Director of Information Services disciplinary powers in respect of breaches of the Regulations by students of the University. In addition to the penalties prescribed by Ordinance 40, the Director or any authorised Officer acting on the recommendation of another head of unit may suspend any student immediately from using any University computing equipment pending investigation of the alleged breach.

In the case of staff and other non-student users of University computing facilities, the Director of Information Services shall have power of immediate suspension from using any University computing equipment pending investigation of an alleged breach of the Regulations. Where he determines after investigation that a breach has occurred he may continue such suspension and may recommend to the Secretary of the University that the user is held responsible for reimbursement of any loss incurred by the University as a result of the breach or that the matter is reported to the Police as a potential criminal offence or, in the case of a member staff, that the matter is further considered by or on behalf of the University Court under staff disciplinary procedures or all or any of these.

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