GCSEPaper 1Ethical, legal, cultural and environmental impacts of digital technologyEthical, legal, cultural and environmental impact
1.6.1

Ethical, legal, cultural and environmental impact

Impacts of technology and key legislation like the DPA, CMA and copyright law plus software licences.

Learning Objectives

  • 1Discuss the ethical, legal, cultural, environmental and privacy impacts of digital technology
  • 2Explain the purpose of the Data Protection Act 2018, the Computer Misuse Act 1990, and the Copyright, Designs and Patents Act 1988
  • 3Describe the features of open source and proprietary software licences
  • 4Recommend a software licence for a given scenario, with benefits and drawbacks

Five types of impact

New digital technology can affect society in several different ways. In the exam you may be asked to discuss:
  • Ethical issues – whether something is morally right or wrong (there isn't always one correct answer).
  • Legal issues – whether something breaks the law.
  • Cultural issues – how different groups of people, with different beliefs and traditions, view something differently.
  • Environmental issues – the impact on the natural world, like energy use, resources and e-waste.
  • Privacy issues – how much personal data is collected, and who can access it.
Digital technology introduces ethical, legal, cultural, environmental and privacy issues into wider society:
IssueWhat it's about
EthicalWhether something is morally right or wrong, often subjective, without one single correct answer.
LegalWhether something is against the law (see the legislation below).
CulturalHow different groups, with different values/traditions/beliefs, view the same technology differently.
EnvironmentalThe impact on the natural world: energy use, use of limited resources, and e-waste when devices are disposed of.
PrivacyHow much personal data is collected about people, and who can access or use it.
Exam discussion questions expect you to consider technology's impact through several distinct lenses: ethical (morally right/wrong, often genuinely debatable), legal (compliant with legislation or not), cultural (acceptability varies between groups with different values/traditions), environmental (energy consumption, resource use, e-waste, though technology can also reduce environmental impact, e.g. replacing paper with email), and privacy (data collection and access, including tension between individual privacy rights and, e.g., government/security service access). Strong answers address each relevant issue category separately and explicitly name it, rather than blending points together without identifying which type of issue they are.
Five ways to discuss any technologyEEthicalis it morally right, even if it is legal?LLegaldoes it break the law?CCulturaldo different groups see it differently?EEnvironmentalenergy, resources and e-wastePPrivacywhat data is collected, and who can see it?Name the issue type explicitly in your answer

Applying the issues to real technology

You don't need to memorise specific facts about particular technologies, but you should be able to apply the ethical/legal/cultural/environmental/privacy issues to a scenario you're given, for example smartphones, cloud storage, wearable devices, or self-driving cars. Practise thinking through questions like: who owns the data? Could it be misused? Who is responsible if something goes wrong?
Exam scenarios often describe a piece of technology (e.g. a fitness tracker, a cloud storage service, a self-driving car) and ask you to discuss its impact. You are not required to memorise facts about specific technologies, but you must be able to apply the five issue types to a given scenario. For example, for a fitness tracker: privacy (how securely is health data stored?), legal (does data collection comply with data protection law?), ethical (could employers or insurers misuse the data?).
Application-based questions require you to reason about a novel or unfamiliar piece of technology using the five issue types as a framework, rather than recalling memorised facts. A strong technique: work through each relevant issue type in turn, asking what could go right and wrong, who is affected, and why. For example, for autonomous vehicles: legal (who is liable if it crashes?), ethical (how should it make split-second decisions in an unavoidable accident?), privacy (what location/journey data does it collect?).

The Data Protection Act 2018

The Data Protection Act 2018 is the UK law controlling how organisations use people's personal data (any data that could identify someone, like their name, address or date of birth). Organisations must keep personal data secure, use it fairly and only for as long as necessary. People also have rights, like the right to see what data is held about them, and the right to have it deleted.
The Data Protection Act 2018 governs how organisations can use individuals' personal data (any data that can identify a person, e.g. name, address, date of birth). Organisations must ensure personal data is stored securely, used fairly and lawfully, kept accurate, and not stored longer than necessary. Individuals have rights including: being informed how their data is used, requesting access to data held about them, and requesting it be erased or that processing stops.
The Data Protection Act 2018 regulates the processing of personal data by any organisation handling it, requiring security, fairness, lawfulness, transparency, accuracy, and data minimisation (not retained longer than necessary). It grants individuals enforceable rights over their own data (to be informed, to access, to erasure, and to object to processing). Questions may ask you to identify whether a described scenario breaches the Act, and if so which specific principle or right applies.
Which Act covers whatYour dataData Protection ActHow organisations may store and usepersonal data about you2018HackingComputer Misuse ActUnauthorised access to, or changing of,computer material1990CopyingCopyright, Designs and PatentsCopying or using original work thatbelongs to someone else, without permission1988

The Computer Misuse Act 1990

The Computer Misuse Act 1990 makes it illegal to access or change computer data without permission. This includes things like guessing someone's password to look at their files, or deliberately spreading a virus to damage a system, even just writing malicious code with the intention to misuse it can be an offence, whether or not you've actually used it yet.
The Computer Misuse Act 1990 makes it a criminal offence to gain unauthorised access to, or modify, computer material without permission. This covers, for example: accessing someone's account without their consent, accessing a system with intent to commit a further crime (like fraud), and deliberately impairing a system's operation (e.g. spreading malware). Even creating something intended for computer misuse (like writing malicious code) can be an offence, regardless of whether it has been used yet.
The Computer Misuse Act 1990 criminalises unauthorised access and modification of computer systems/data, covering a spectrum of severity: basic unauthorised access, access with intent to facilitate a further offence, and acts intended (or reckless as to whether they) impair a system's operation or cause serious damage. Notably, the Act also criminalises the creation or supply of tools intended for computer misuse, meaning liability does not require the malicious code to have actually been deployed.

The Copyright, Designs and Patents Act 1988

The Copyright, Designs and Patents Act 1988 protects people's original creative work, like software, music, books, images and films, from being copied or used without permission. As soon as someone creates something original, they automatically own the copyright to it, and only they can decide who is allowed to copy, share or adapt it.
The Copyright, Designs and Patents Act 1988 protects original work (including software, music, books, images and websites) from being copied, shared or used without the creator's permission. Copyright is granted automatically as soon as an original work is created, there's no need to register it. The creator (or whoever they assign the rights to) controls who may copy, distribute, adapt or publish the work.
The Copyright, Designs and Patents Act 1988 automatically grants the creator of an original work exclusive rights over its reproduction, distribution and adaptation, without any registration requirement. For software specifically, this means a programmer automatically owns the rights to code they write, using or distributing someone else's code without permission is an infringement, this is the legal basis underpinning why software licences (see below) are necessary at all.

Software licences: open source vs proprietary

Software needs a licence to say what you're legally allowed to do with it. Open source software is free, and its source code is shared publicly, so anyone can view, change and redistribute it. Proprietary software is owned by a company, you usually have to pay for a licence to use it, and you don't get access to its source code, so you can't see or change how it works.
A software licence sets out the legal terms for using a piece of software, necessary because of copyright law. Open source software makes its source code publicly available, allowing anyone to view, modify and redistribute it, usually for free. Proprietary software keeps its source code private, users must buy a licence to use it (without owning it), and are not permitted to modify or redistribute it (only the owning company can make changes). It is commonly bought off-the-shelf as a ready-made product.
Open sourceProprietary
Source codePublicly availableKept private
CostUsually freeUsually paid
ModificationAnyone can modify itOnly the owner can modify it
SupportOften community-basedOften official, paid support
Open source licensing grants access to source code and permission to modify/redistribute it, typically at no cost, benefiting from community-driven improvement and adaptability, at the cost of typically lacking official/guaranteed support and potentially requiring more technical skill to deploy. Proprietary licensing restricts access to source code and modification rights to the owning organisation, users purchase a licence to use (not own) the software, gaining official support and tested reliability, at the cost of ongoing dependency on the vendor and inability to legally customise the software.
Open sourceSource code is publicAnyone can modify it, usually freeCommunity support(may need technical skill)ProprietarySource code is privateOnly the owner can modify itUsually paid, official support(cannot legally customise)

Recommending a licence for a scenario

Exam questions often describe a situation and ask you to recommend open source or proprietary, and justify your choice. A good answer discusses both options first, then gives a clear, direct recommendation at the end, backed up by the points you've already made. Don't just describe both and leave it to the reader to decide, you must actually pick one.
"Recommend and justify" licence questions expect you to: discuss relevant features/benefits/drawbacks of both open source and proprietary in the context of the scenario, then give one clear, direct recommendation, justified by summarising the points already made. A common way to lose marks is describing both options without ever actually recommending one, or saying "it depends" instead of committing to an answer.
The strongest structure for these extended-response questions: address each option (open source, then proprietary) in turn against the scenario's specific requirements, then conclude with an explicit recommendation in a final paragraph that synthesises the strongest points already made, rather than introducing new reasoning. Simply presenting both sides neutrally, or stating "either could work, it's up to them," does not satisfy the requirement for a recommendation and will not gain the marks reserved for it.

Exam Phrasing: Use These Exact Phrases

  • ✓Technology introduces ethical, legal, cultural, environmental and privacy issues
  • ✓The Data Protection Act 2018 controls how organisations use personal data
  • ✓Personal data must be stored securely, used fairly and lawfully, kept accurate, and not stored longer than necessary
  • ✓The Computer Misuse Act 1990 makes unauthorised access to or modification of computer material illegal
  • ✓The Copyright, Designs and Patents Act 1988 protects original work from being copied without permission
  • ✓Copyright is automatic; it does not need to be registered
  • ✓Open source software provides access to the source code and allows it to be changed
  • ✓Proprietary software does not provide access to the source code and is commonly purchased off-the-shelf
  • 💡For extended discussion questions, address each relevant issue type (ethical, legal, cultural, environmental, privacy) separately and by name, don't blend them together unnamed.
  • 💡Give a balanced discussion, both positive and negative points, examiners specifically penalise one-sided answers.
  • 💡Answer the actual scenario given. If a question is about upgrading existing CCTV to include facial recognition, don't discuss the general pros/cons of having CCTV at all.
  • 💡For "recommend and justify" licence questions, you must give a clear recommendation, not just describe both options or say "it depends".
  • 💡Don't confuse benefits to the developer/company (e.g. earning money, retaining control) with benefits to the user (e.g. official support, no tampering), a common source of lost marks.

Wrong:

Describing both open source and proprietary without ever giving a recommendation

Right:

Discuss both, then explicitly state and justify a recommendation

Why it matters: OCR examiners noted many candidates described each licence in turn but never actually answered the "recommend" part of the question.

Wrong:

Giving user benefits when asked for developer/company benefits of proprietary software (e.g. "no tampering", "lots of support")

Right:

Developer benefits include earning money from sales and retaining control of the source code

Why it matters: Examiners specifically flagged this mix-up between the perspective of the user and the perspective of the developer/company.

Wrong:

Discussing the general pros/cons of a technology that already exists in the scenario, instead of the specific change described

Right:

Focus your discussion on exactly what is new or changing in the scenario

Why it matters: Examiners noted candidates sometimes discussed an unrelated, more general topic instead of the specific upgrade or change described in the question.

Wrong:

You need to register your work to get copyright over it

Right:

Copyright is automatic as soon as an original work is created

Why it matters: A common misconception, no registration or application process is required.

Question:

A small business is deciding whether to use open source or proprietary software for its new accounting system. Recommend a type of licence and justify your answer, referring to at least one benefit and one drawback of each type. [6]

💡 Attempt this before revealing the answer, practice makes perfect!

Model Answer:

Open source software would give the business free access to the source code, meaning it could be customised to their exact accounting needs, and there is no ongoing licence cost. However, it often lacks official support, so if something goes wrong, the business may struggle to get help quickly, and it may need staff with technical skill to set up and maintain it. Proprietary accounting software is usually thoroughly tested and reliable, and comes with official customer support if problems arise, which matters for something as important as accounting. However, it must be paid for, and the business cannot modify it to fit unusual requirements, they are also dependent on the company for future updates. For a small business handling important financial data, proprietary software would be the more appropriate recommendation, since reliability and official support are especially important for accounting, and a small business is less likely to have the in-house technical expertise that open source software often requires.

Mark Scheme:

  • 1Identifies a benefit and a drawback of open source (e.g. free/customisable, but limited support/needs technical skill)
  • 2Identifies a benefit and a drawback of proprietary (e.g. reliable/supported, but paid/cannot be modified)
  • 3Gives a clear, explicit recommendation
  • 4Justifies the recommendation by referring back to the scenario (a small business, accounting, needing reliability/support)

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Exam-style questions. Have a go, then reveal the mark scheme to check your answer.

1.State two things an organisation must do with personal data, under the Data Protection Act 2018.

[2]

2.Explain what is meant by the Computer Misuse Act 1990, giving an example of an offence under it.

[3]

3.State what the Copyright, Designs and Patents Act 1988 protects, and explain how copyright over a new piece of software is obtained.

[3]

4.Describe two differences between open source and proprietary software.

[4]

5.State the five types of impact technology can have on wider society.

[5]

6.A hospital is choosing software to manage patient records. Recommend whether it should use open source or proprietary software, justifying your answer with reference to at least one benefit and one drawback of your chosen option.

[6]

7.A school is considering giving every student a wearable fitness tracker that records their location and heart rate during PE lessons. Discuss the impact of this, referring to at least three different types of issue.

[6]

8.A large company replaces every employee's laptop every two years and disposes of the old ones. Discuss the ethical, legal, cultural and environmental impacts of this policy.

[8]

Extended response · marked in levels, not by counting points

2025Question paperMark schemeExaminers' report
2024Question paperMark schemeExaminers' report
2023Question paperMark schemeExaminers' report
2022Question paperMark schemeExaminers' report

The examiners' reports are the most useful and least read of the three: they say what candidates actually got wrong each year. All files are hosted by OCR.

Past-paper questions grouped by topic

The same OCR questions, sorted by topic rather than by year (via Physics & Maths Tutor).

2024
Paper 1

On an extended-response question comparing open source and proprietary licences with a recommendation, candidates often identified features and benefits/drawbacks well, but fewer gave an actual recommendation. Some described both options and left it as the "programmer's decision" instead of committing to a recommendation, which the question required. The strongest answers discussed each licence in turn, then closed with a clear, justified recommendation summarising the points already made.

2023
Paper 1

When asked for the benefits to a developer of releasing software as proprietary, a common error was describing benefits to the user instead (e.g. "no tampering", "good support"). The developer's benefits are different: earning money from sales, and retaining control since no one else can access the source code.

Paper 1

On an extended-response question about upgrading existing CCTV to include facial recognition, weaker answers discussed the general pros/cons of having CCTV at all, when the question was specifically about the facial recognition upgrade. Stronger answers stayed focused on the actual change described, considered ethical, legal and privacy issues separately, and gave a balanced discussion covering both positive and negative impacts for each.

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