Saturday, August 31, 2019

Jetair Ltd. and Contemporary Companies and Securities Law

Introduction In acting as advisors for the Pilot’s Association Australia and Airlines Union Australia, we seek to explore the legality of the various actions of the Jetair Ltd. ’s Board of Directors which ultimately lead to the hiring of a new staff body in New Zealand by JetairNZ Ltd at a lowered salary and the subsequent redundancy of Jetair Ltd. ’s Australian-based senior managers and pilots. The outcomes sought by the various employee associations seek for firstly, the imposition of the Australian-based wage of Jetair Ltd. s former senior managers and pilots upon the New Zealand-based staff of JetairNZ Ltd. The second outcome sought by the employee associations seeks for the retrenchment of the senior managers and pilots made redundant by Jetair Ltd. The third concern is with regards to ‘excessive’ remuneration of Jetair Ltd. ’s board. In examining these concerns, there are a number of legal areas that must be examined: firstly the relatio nship between Jetair Ltd. and JetairNZ Ltd. s a related body corporate and the various duties owed to both companies by their Board of Directors; the duties owed by the Board of Directors to both companies and the body corporate as a whole and the possibility of conflict of interest; the duty of care owed by the Board of Directors to their employees and the company as a whole; and finally the exploration of the remuneration of Jetair Ltd. ’s Board of Directors as a reflection of the current financial situation of the company.The argument for and against the pursuit of legal action will be based solely upon relevant legislation and case law; therefore the conclusions drawn will be the recommendation for the employee associations in regards to the pursuit of legal action. Related Bodies Corporate – Holding and Subsidiary Companies Given that conducting business with an Australian-based workforce operations, business proved to be cash-flow effective, but unprofitable â₠¬â€œ Jetair Ltd. has sought to pursue a differentiated corporate structure. In order to achieve this, Jetair Ltd. stablished a subsidiary, JetairNZ, in order to gain advantages that were previously unavailable. Incentives for the formation of a subsidiary, foreign or local, are provided for through both the rule of separate entity and limited liability. In the case of Jetair Ltd. the rules listed above provide for the existence of JetairNZ as a separate legal entity (although also functioning as part of the body corporate) with all of the same rights and obligations as any other registered company independent of its parent organization.The provision of limited liability as an individual company allows for the pursuit of extensive operations by the body corporate whilst remaining wary of liability in the case of insolvency of the subsidiary. Therefore, Jetair Ltd may be defined as the holding company whilst JetairNZ may be defined as a wholly-owned subsidiary. As the majority of the Board, three out of five directors, are controlled by Jetair Ltd. we can establish that the Board of Directors of JetairNZ is controlled by Jetair Ltd.From this we can assume that whilst JetairNZ enjoys the status of a separate entity and the overall corporate group is protected through the principle of limited liability; JetairNZ is in effect controlled by Jetair Ltd. Even though it is plausible to assume that Jetair Ltd. is in effect controlling the mind and will of JetairNZ the likelihood of piercing or lifting the corporate veil in order to determine without a doubt the timing, origin and motivation of JetairNZ’s decision to employ new personnel in conjunction with Jetair Ltd. ’s decision to effect a mass lay-off is highly unlikely.Indeed a concise summation of this principle may be credited to Rogers J in Briggs v James Hardie & Co Pty Ltd (1989) ‘Even the complete domination or control exercised by a parent over the subsidiary is not a sufficient basis for lifting the corporate veil ’1. Given precedence, the Courts would be unwilling to lift the corporate veil given the application of the entity doctrine by the High Court. An encompassing remark made in the case of Varangian Pty Ltd v OFM Capital Ltd [2003] by Dodds-Streeton, that may be relied upon in Jetair Ltd. s case is ‘The underlying unity of economic purpose, common personnel, common membership and control have not been held to justify the lifting the corporate veil’2. 1Briggs v James Hardie & Co Pty Ltd (1989) 16 NSWLR 549, 588 2 Varangian Pty Ltd v OFM Capital Ltd [2003] VSC 444 at [142] Interestingly, although the issue of redundancy payments is not being questioned by the employee associations – the case of Stanborough v Woolworths Ltd [2005] NSEADT 203 at [44]3, which illustrates a disparity in redundancy payments within a corporate group, illustrates the further application of the doctrine of separate entity which may be applied toJetair Ltd. an d JetairNZ in terms of the variance of remuneration offered and the retrenchment of redundant staff. To argue that the same remuneration be offered to both previous Jetair Ltd. and new JetairNZ employees would prove to be futile given that although they exist within the same corporate group, Jetair Ltd. and JetairNZ are in the eyes of the law separate entities. JetairNZ Board of Directors – Appointment & Control In the formation of JetairNZ, the board of directors appointed by Jetair Ltd. consists of several representatives of Jetair Ltd. and two representatives from the airline industry in New Zealand.As a holding company, Jetair Ltd. is well within the law to appoint its own nominees to the Board of Directors of a subsidiary such as JetairNZ. In fact, this proves to be common practice, with the frequent alignment of interests amongst the company as a whole. Although there is an alignment of interests between both the holding company and subsidiary, in case there is any situ ation in which a conflict of interests arises the directors of a subsidiary such as JetairNZ are required to act in the best interests of the subsidiary, not the company as a whole.In this case, the appointees of Jetair Ltd. currently serving as directors for JetairNZ are obligated to act in the best interests of JetairNZ at all times, precedence is given in the case Walker v Wimbore (1976) 137 CLR 14. Given the question of the enforcement of the previous Australian-wage for all JetairNZ senior managers and pilots, this would have to be in the best interests of JetairNZ alone to be passed by the JetairNZ board. Given that maintaining employees based in New Zealand is relatively less expensive 3 Stanborough v Woolworths Ltd [2005] NSEADT 203 at [44] Walker v Wimbore (1976) 137 CLR 1 in terms of remuneration for JetairNZ, employing an inflated level of remuneration would not be in the best interests of JetairNZ. Should the Board of Directors pursue such an action, they would not be ac ting in the best interests of the company and they would be in breach of duty. Director’s Duty of Care – Company vs. Employees In examining the duty of care owed by the Board of Directors of Jetair Ltd. there exists an inequality of that which is owed to employees and to the company.The first priority of the directors’ is to maximize the value of the company, in order to maximize the earnings of the shareholders in the short- and long-term. However, directors also owe a duty of care to their employees and other various stakeholders in the company – often termed Corporate Social Responsibility. In the case of Jetair Ltd. and the potential action from employees and their relevant associations there exist arguments both for and against Jetair Ltd. ’s redundancy scheme. The arguments against Jetair Ltd. ’s action stem from the consideration for corporate social responsibility of companies – specifically for their employees.However, an exa mination of CMAC Report – The Social Responsibility of Corporations (2006)5 addresses many of the issues arising in the course of companies conducting business – whereby various stakeholders in companies concerns are unaddressed or unsupported by current company law. Whilst the report allows for recognition of the conflicts between companies and various stakeholders it also considered the current company law to be sufficient in granting persons such as the directors of Jetair Ltd. the appropriate powers and obligations to take into account their corporate social responsibility.The report also concluded that any amendment to the Corporations Act 20016 was unsubstantiated. Whilst it is possible to cite 5 Corporations and Markets Advisory Committee (2006) The Social Responsibilities of Corporations 6 The Corporations Act 2001 (Cth) Corporate Social Responsibility as an argument for the retrenchment of the former senior managers and pilots of Jetair Ltd. , The Social Respo nsibility of Corporations (2006)7 has found that the consideration of stakeholders such as employees may prove to be detrimental to corporate decision-makers primary consideration – the shareholders.There exists a significant argument against the sublimation of the interests of shareholders to pursue the interests of company employees. Simply put, directors of a company should not place the interests of employees before the interests of shareholders as is illustrated in Parke v Daily News Ltd [1962]; whereby we may assume that the fiduciary duties of the directors lie with the shareholders alone. The redundancy payments previously received by former employees are indeed a necessary compensation as they were incidental to Jetair Ltd. carrying on their business, having been a previously agreed contractual obligation.Redundancy payments may also be viewed as a facet of Corporate Social Responsibility, as they frequently appease the employee unions and ease the continuance of bus iness. Jetair Ltd. differentiated their corporate structure, through the creation of a subsidiary and a shift in staffing location and remuneration, in order to achieve lowered operational costs – thereby maximizing shareholder’s value. Jetair Ltd. also upon making the represented employees redundant paid all entitlements, and has not breached the Corporations Act 20019 regarding employee entitlements.From this we may reason that Jetair Ltd. has fulfilled their legal obligation to act in the best interests of the shareholders before their employees; and has also fulfilled their legal obligations regarding employee entitlements whilst also pursuing a measure of Corporate Social Responsibility through the provision of redundancy payments to facilitate their employment transition and ease tension with relevant employee associations. 7 Corporations and Markets Advisory Committee (2006) The Social Responsibilities of Corporations 8 Parke v Daily News Ltd [1962] Ch 927 Corpo rations Act 2001 (Cth) Jetair Board of Directors Remuneration When addressing the issue of dissention of former employees and their associations with the level of remuneration of the board of directors of Jetair Ltd. , it is necessary to explain the procedures regarding director’s remuneration to ascertain if there has been any illegal action. There are several key discussion points as follow: the company constitution, the corporate governance principles, and lastly current opinion regarding high levels of director’s remuneration.Firstly, a director is not permitted to receive any remuneration from their company unless approved by either the company’s constitution (replaceable rules included) or the shareholders. If we assume that Jetair Ltd. ’s constitution provides for the ability of the board to decide their own remuneration; this, although in direct conflict with corporate governance, is not in fact illegal. The assignation of large bonuses in additio n to the usual remuneration was awarded at the AGM in November 2011, and therefore was disclosed to shareholders and passed by a vote either by the shareholders or the board of directors.According to the Corporate Governance Principles and Recommendations10, Jetair Ltd. must pursue a directors’ remuneration policy of remunerating fairly ad responsibly. In order to prove any wrongdoing by the board of Jetair Ltd. the following must be proved: excessive remuneration leading to oppressive or unfair conduct leading to no/reduced shareholder dividends; deviation from company policies regarding the company’s performance and its effect upon director’s remuneration; or a lack of disclosure of the remuneration of each individual director. 0 ASX Corporate Governance Council(2010) Corporate Governance Principles and Recommendations In recent years there has been a shift in public perceptions regarding level of executive and non-executive director’s remuneration; lar gely due to the poor performance of many companies throughout the Global Financial Crisis. This has led to a strengthening of the framework relating company performance to director’s remuneration through the Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Act 2011 (Cth)11.Pursuing action regarding the ‘excessive’ remuneration or bonuses of the directors of Jetair Ltd. , in the case that any of the above was substantiated would lead to the return of the ‘excessive’ remuneration to Jetair Ltd. The pursuit of such an action would prove to return value to the company, but would in no way assist in the retrenchment of former employees. Conclusion & Recommendations To conclude it is not recommended for the Commercial Airlines Union and the Pilots Association to pursue legal action against either Jetair Ltd. r JetairNZ. This report has sought to outline any potential courses of action available to the employee associ ations representing the recently terminated Australian-based senior managers and pilots of Jetair Ltd. The arguments against pursuing legal action are based in case or legislative law; and provide legal reasoning for the actions of Jetair Ltd. Although the employees and their associations may at this time feel that the situation is unfair there exists, at this time, no apparent legal wrongdoing on the part of Jetair Ltd. n their establishment of a subsidiary company, termination of current employees, the imposition of a lesser wage for employees of JetairNZ or the recent award of large bonuses in addition to remuneration of the Board of Directors of Jetair Ltd. Word Count: 2,164 11 Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Act 2011 (Cth) Sources Cited oASX Corporate Governance Council (2010), Corporate Governance Principles and Recommendations oBriggs v James Hardie & Co Pty Ltd (1989) 16 NSWLR 549, 588 oCorporations Act 2001 (Cth) Corp orations Amendment (Improving Accountability on Director and Executive Remuneration) Act 2011 (Cth) oCorporations and Markets Advisory Committee (2006) The Social Responsibilities of Corporations oParke v Daily News Ltd [1962] Ch 927 oLipton, P. Herzberg,A. & Welsch,Michelle (2012), ‘Understanding Company Law’ (16th Edt. ), Corporate Education Services Pty Ltd. oStanborough v Woolworths Ltd [2005] NSEADT 203 at [44] oWalker v Wimbore (1976) 137 CLR 1 oVarangian Pty Ltd v OFM Capital Ltd [2003] VSC 444 at [142]

Friday, August 30, 2019

Channel of Distribution in Feasib

When a pet dies people do not know what to do with their remains, some choose to bury in the garden of the house, others choose to take them to a crematorium, others leave them in charge to the vet, and others unfortunately opt for the dump. But a little-known alternative, which allows for a more worthy use the remains of pets, besides being able to visit when you want, is to bury his remains in a pet cemetery. The main idea of the CePETery is that owners of pets, once they have buried their remains, to visit them in a calm and full of vegetation, and have a moment of reflection with their deceased pets. As for the CePETery, we offer to bury pets in graves containing small stones, where owners can let their pet’s dead flowers and souvenirs, and even put some pictures. To satisfy our customers, in addition to the funeral service, we could offer additional free services such as the funeral service, which includes the collection of debris and then a little farewell ceremony, and also provide free coffin of some memories. Also, in addition to our burial service, we could also offer the service of cremation, where after it; the owners handed over the ashes of pets in a wooden box. The burial service we will offer could range from a basic particular pit containing a small tombstone with the engraved name of the mascot, even more complex mass involving large stones where only the name of the pet, you can record any additional message . As we might accept pets in the CePETery, dogs and cats, could accommodate other types of pets such as rabbits, turtles, birds, hamsters, fish, etc. As for the charge for our service, the usual in this type of business is that the payment is annual, i. e. to be paid an annual rent for the pit and the maintenance needed. Finely, in terms of marketing, we could create a web page to advertise our business via the Internet; another alternative would be to make some agreement with veterinary, veterinary clinic, pet shop, and pet owners. For example, one where they receive a percentage of sales, and for every customer you refer each.

Thursday, August 29, 2019

Do you agree that schools have a uniform? Essay

From the ages of 5 to 16 by law every child in the UK must attend school; whether the school is state funded or privately funded they almost all have some form of school uniform. School uniforms are a requirement at almost all schools but in some state schools the regulations on school uniforms are a little looser than others, Meaning that some pupil wear pretty much whatever they want to school taking no notice of the school uniform regulations set in place, which some believe to defeat the object of having the school uniform in the first place. This essay will discuss whether or not schools should have uniforms or not and will explore both sides of the argument giving evidence to support them. Some parents believe that schools should not have school uniform for one reason: cost. The cost of school uniform is something that troubles many parents across the UK as the price of school uniform has increased considerably over the past few years. What makes the situation worse for many is when their child’s school changes their uniform. Many schools in order to receive extra funding from the government have changed their status to academy; when they do this they often change their uniform to try and present a new image to the public about the school. This means the parents have to buy their child a whole new uniform. It also means that hand me downs or buying second hand is no longer an option which is what many people try to do when buying new school uniform for their child. A report by the office of fair trading shows that last year over 50 million pounds was spent on school uniform, they also found that Head teachers do not give pupils and their parents enough choice on where to by their uniform. This can make school uniform even more expensive as you may not be able to buy your school uniform locally so you either have to buy it and pay postage or travel a long distance to get it. A school uniform could make a pupil feel as if they are supressing their  emotions and not being allowed to be themselves as many people express themselves through the clothes they wear and they could feel as if they are being denied their individuality when they are at school. This could lead to serious problems in school and distract them from their school work. Many pupils think that schools should not have school uniform because often they are judged by where they go to school and the uniform they wear. Pupils from both private and state schools could face this problem on a regular basis and may well feel ashamed or even embarrassed of where they go to school; this can be a huge problem because if they are not proud of where they go to school they might not apply the right work ethic to their studies or if they are proud of where they go to school they could be bullied for it. Although there are many negatives about school uniform there are also many positives; for example a school uniform decreases opportunities for bullying among pupils if they are all wearing the same clothes, no one can be discriminated against for wearing ‘untrendy’ clothing or cheap clothing if they cannot afford expensive the clothes that are fashionable among their peers. School uniform also makes it easier in the morning for pupils because they don’t have to deliberate over the clothes they are going to wear on that day they just have to put their uniform on and go to school with no worry about what people are going to think of their clothes and what others are going to wear themselves. Although school uniforms can be expensive and the price has gone up over recent years, those who find it difficult to afford it can be helped by their local government with the cost of it that includes sports kit. Wearing school uniform promotes the school you go to the public advertising it and possibly bringing in more pupils. School uniforms can make school safer as it allows for teachers easily identify pupils if they are outside of school on a school trip or identify someone who is in the school and shouldn’t be. A school uniform also creates  a less distraction among pupils as they don’t have to concern themselves with what others are wearing in the classroom. School uniforms can give pupils a sense of belonging and identity as well as preparing you for later life when you may well have to wear smart clothing in the work place or a uniform if you are in the emergency services or military. My position therefore is that I agree that students should have to wear a school uniform because uniform is fashion less and provides a sense of belonging and identity, reduces opportunities for bulling, relieves one of the many stresses that pupils face every day and prepares you for adulthood. But saying that, the odd mufti day is good to as this lets those who need it to have freedom.

Wednesday, August 28, 2019

Freedom of Expression and Social Norms in the Second Life Essay - 1

Freedom of Expression and Social Norms in the Second Life - Essay Example Although the virtual world has been in existence for quite some time, its significance had not been clear until I read the book by Boellstroff. I realized that the virtual world means more than just communication to its residents. Freedom of communication and expression is the primary force behind the existence of the virtual world. Communication in the real world is usually subject to communication barriers due to differences in cultural, ethnic, social, and personal communication skills. However, this is not the case in virtual worlds such as second life. In the virtual world, a person or resident has the ability to choose an identity unlike in the real world. This makes it possible for people to communicate freely in the virtual world irrespective of their social norms in the real world. By being able to choose a race, color, gender, profession, social class, and other factors, many barriers are eliminated, at least to some extent. Absolute freedom in the virtual world is limited due to factors such as language barrier, internet connectivity, among others. The capability to choose one’s identity in the virtual world is also significant in the enhancement of anonymity in the virtual world. From the book, I learned that lack of identity in the virtual world is of great importance in the enhancement of communication. In the virtual world, people have the choice to remain anonymous. This makes it possible to express themselves freely unlike in the real world. I was surprised to learn that in the virtual world it is possible to maintain a friendship with your best real friend anonymously. Most importantly, it is possible to interact freely with your enemies and other people who are out of reach in the real world. The author of the book emphasizes this point by stating that people can hide their identity to the extent of their genders (Boelstroff, 2008: 61).

MSDS Project Essay Example | Topics and Well Written Essays - 750 words

MSDS Project - Essay Example This is due to the then war’s intensity that saw even fertilizer plants used as explosive making centers to cater for more weaponry. This by employing Haber-Bosch process to get NH3 by combining N2 and H2 at high pressures, which were essential in making explosives (Libes 699). NH4NO3 is an essential component in the making of fertilizers and industrial explosives (Libes 699). Fertilizer in this case refers to an original or synthetic substance added in the soil to provide plants with the appropriate nutrients, hence enhance growth. Explosives refer to chemical substances that undergo certain process characterized by catastrophic release of energy, which in most cases results to destruction of something within the vicinity. In the case of NH4NO3, the substance is a strong oxidizer whereby in the presence of an ignition source, hot places or fumes will result to fire catastrophically thus cause destruction (Libes 699). It is also an odorless, crystalline and colorless substance soluble in both alcohol and water, which makes it an appropriate agent in making fertilizers (Ledgard 135). On heating at approximately 2100C, its liquid solution decomposes to NO or laughing gas (Ledgard 135). Despite numerous studies citing this compound is extremely explosive; its usage encompasses admixing with fuel oil, for instance, diesel or TNT. This implies one ought to be extra careful when both handling and preparing it. The latter is due hazardous due to inhaling of fumes, which are poisonous and might lead to serious complications. Based on current chemical studies, NH4NO3 compared to other substances does not have high levels of toxicity except when swallowed in large amounts by both humans and animals. This is especially through contaminated water or effluents that find their way into water sources unnoticed. Hence, implying it has a moderate toxicity though once swallowed the victim

Tuesday, August 27, 2019

Question Answers Essay Example | Topics and Well Written Essays - 750 words

Question Answers - Essay Example His vision asserts that his team should control the things it can while striving to achieve goals in an efficient manner. Answer: The three important leadership roles Todman emphasizes include: (1) Leader as a team builder: Todman ensured that team worked on a collaborative platform where all the members could meet each other more often than before, such as once a month rather than once every two months. (2) Leader as a problem-solver: Todman made sure that right decisions were made at the right time to ensure business success, just like a Whirlpool executive stated about Todman that he was able to solve problems by making the team an interconnected unit. (3) Leader as a strategic planner: Todman revamped the new Maytag product line; closed the expensive plants; and, planned on educating the whole staff. This expresses his proficiency as a strategic planner. Answer: Louie’s financial management strategies are okay as people have been appreciating him in this regard, but his interpersonal relationships at the workplace are not satisfactory. For example, Emma, the human resources manager of the company, came across some customer feedback cards that complaint about Louie’s unsuitable remarks which were too personal. Louie’s has not been appropriately responsive toward the customers. He is not very tolerant about cultural diversity at the workplace. He has also been acting too frankly with the co-workers at times, for example, giving a high-five or a fist bump. These gestures have been making him unpopular at the workplace. Answer: Louie needs some serious training regarding tolerance about cultural diversity at the workplace. He needs to understand that all individuals are equally worthy of respect regardless of their cultural, racial and ethnic backgrounds. He needs to show tolerance toward all kinds of people with varying sexual orientation. He also needs to understand his limitations at the workplace, such as how he should behave

Monday, August 26, 2019

PRESENTATION Essay Example | Topics and Well Written Essays - 250 words

PRESENTATION - Essay Example entation; (2) delegate tasks; (3) integrate group effects in the unified presentation; (4) review and amend, as needed; and (5) present the information to an audience in the most comprehensive and informed manner. When a team member needs more information to clarify concepts or issues to be tackled, those members who are most qualified and competent in terms of knowledge, abilities and skills should share understanding of the concepts as simple, clear and concise as possible. The instructional approaches that could be used could also be in a form of an illustrative visual presentation, using diagrams or charts, or detailing in an outline form. The applicability and importance of presentations are seen in terms of their significant uses in current and future endeavors. Whatever profession one pursues, knowledge in making presentations would be seen as beneficial in assisting understanding of various concepts through a variety of

Sunday, August 25, 2019

Management Research Paper Example | Topics and Well Written Essays - 2000 words

Management - Research Paper Example This paper will discuss the evolution of management principle from the Classical School to the present and further compare, contrast, and relate different schools of management theory and management practices. Evolution of management principle from the Classical School to the present There are several theories originating from different principles throughout history which have seen management from their own point of view. These theories appeared due to the revolutionary development that has happened throughout history and not because they were planned. Management theories are broadly classified into three which are the classical management theory, the neoclassical management theory and the modern management theory. The classical management theory, which is also referred to as the traditional school of management, consists of a group that has similar ideas on organizational management which evolved from the late 19th century to the early 20th century. This theory evolved due to the In dustrial Revolution and consists of three branches, which are the administrative principles, bureaucratic organization, and scientific management. The common aspects of these theories under the classical management theory is that they all put an emphasis on the economic rational of management and organization, which assumes that individuals at work are motivated by economic factors and would normally choose that which will give them the greatest monetary benefits. The scientific management was championed in 1911 by Frederick Tailor, who is considered to be the father of scientific management; he emphasized on time and motion studies, production maximization, and task specialization. Taylor argued that other schools of thought leave workers too much discretion, and their potential at the workplace is not being maximized. Taylor argues that despite the fact that there is specialization and division of labor, employees still retain discretion on how to perform tasks. Scientific managem ent theory was designed so as to put management in control, designing and using studies that are scientifically measured while focusing on the most efficient work methods and then organizing and controlling workers to ensure maximum efficiency (Giannantonio & Hurley, 2011).This method had four elements where each job had to be broken down into elements and where each element is assigned a scientific way of handling it. Workers then would be selected and trained on how to do a task in a specific way, and there should also be good coordination between the managers and workers, and finally, there should be division of labor. He believed that this would determine the most efficient way of doing work. This method was challenged as there is no best way of doing work, and by the fact that there are also other factors other than money that affect productivity, like social needs, esteem and security needs. As the scientific management pioneers tried to find the best way of doing things, the administrative principle pioneers tried to explore possibilities of the best ways of pulling jobs together and operating the organization; they tried to find the best way of running an organization. This theory was championed by Henry Fayol, who introduced the principles of management which are fundamental functions of all managers; they include planning,

Saturday, August 24, 2019

Apple Case Research Paper Example | Topics and Well Written Essays - 2000 words

Apple Case - Research Paper Example Material resources comprise of the company’s unique hardware and innovative workforce, while intangible assets include exceptional software and overall technology. As can be discerned from a competitive strength evaluation, Hewlett-Packard (HP) and Dell are two of the strongest industry partisans, hence greatest competitors to Apple. For example, HP reported total net revenue of 127 billion dollars in 2011, with personal systems accounting for 40 billion; IT services at 36 billion, enterprise systems at 22.2 billion, and printing devices at 25.8 billion dollars. Dell Inc., on the other hand, reported net revenues amounting to 61.5 billion dollars in the 2011 fiscal year (Gamble, 2012). Despite Apple’s leadership, as characterized by a 68% overall market share, the company was overshadowed by the aforementioned competitors in some areas of specialty. For instance, in the provision of PCs to the American market, HP led with a 26.1% market share, Dell followed with 22.3%, while Apple came in third with 10.7%. Other potent competitors, especially in the global PC industry include Lenovo/IBM, and Acer, which attained a market share of 12.5% and 10.6% respectively in the 2011 financial year. These Statistics clearly show that Apple derived its highest percentage of revenues from sectors other than sale of personal computers. The collection of more revenue from non-computer devices clearly shows that the company’s greatest strength lies in personal media gadgets and not in computers. For example, in the middle of the 2012 fiscal year, Apple controlled a 68% market share in the tablet computer market. Further Apple’s iPod/iTunes fusion allowed the com pany to gain a 65% market share of the American digital music scene, coupled with a 23% share of all music sales in America. None of the principal rivals in this area managed to accrue more than a 5% market

Friday, August 23, 2019

Making monstor Essay Example | Topics and Well Written Essays - 1500 words

Making monstor - Essay Example In the book Monsters of Our Own Making: The Peculiar Pleasures of Fear by Marina Warner is divided into three chapters. The first section, â€Å"Scaring† discusses the monster in this book which is the bogeyman. The chapter looks at the question â€Å"who eats and who gets eaten† the author uses this to explore the characters of monsters. Warner also explores fear that is brought about by the world. The monster in this chapter is Erlking also regarded as the King of the Alders who woos a boy riding with his father in the dark forest. The boy recognizes the danger facing him but his father does not see any form of danger. He uses every trick to attract the boy. The story end up with the death of the boy when they reached home. Erlking is the monster in this book because he is being persistent to get what he wants, in this case, something that will cause harm to the other person. The Erlking keeps requesting the boy to go with him with his words keeping on deepening each time (Warner, pg. 23). The Erlking even uses false promises that the daughters will be the boy’s lovely attendant with the aim of getting the boy. He eventually gets impatient and indicates that if the boy is not willing, he will use force. He finally seizes the boy. The deep voice also indicates that the creature is not natural and that it has supernatural powers. This Erlking is regarded as a monster because it instills fear on people. Forcefully taking a boy or boys who are moving through the forest is an act of spreading fear among people throughout the region. This character brings the aspect of death because a reader assumes that people taken face death which brings fear to all young people. It also brings fear among parents who face the tragedy of losing their children to the Erlking. He is a cold blooded creature that every person fears (Asma). Erlking is monstrous because he possesses the power to

Thursday, August 22, 2019

The Impact of Assistive Technologies as Learning and Teaching Essay Example for Free

The Impact of Assistive Technologies as Learning and Teaching Essay Traditional classrooms in which the teacher delivered content by standing before a class of students, patiently waiting to be filled, much like empty vessels, have long been noted for their inherent shortfalls in meeting the cognitive and developmental needs of each of the range of students in their care. Research has proven that such methods do not work effectively to the benefit of all learners in a classroom because each learner has specific cognitive needs that may not be met in such a situation. Theorists as recent as Howard Gardner with his multiple intelligence theory in 1989 have emphasized the point that no two children learn in the same. The implication of this is that the teacher has to incorporate a variety of teaching strategies, tools, aids and other facilities in the classroom in order to provide the students with the best possible learning environment. Moreover the challenges that students with disabilities face are in themselves several, thus it is an added strain for them to attempt to cope with traditional teaching and learning methodology. For each child in the general education system, but even more so for these special learners, instructional modes have to be adjusted to cater for the specific needs of each learner if the overall curriculum goals are to be achieved. The use of Assistive Technologies (AT) in the classroom contributes to improvements in the performance and motivation of students across subject areas. Assistive Technology refers to the range of equipment and products that a teacher can introduce to the teaching learning situation as a means of improving the capabilities of students with disabilities. Such technologies are numerous. Non electronic equipment such as picture and alphabet boards, as well as light pointers, can be introduced to the special needs classroom (Beck, 2002). Technological advancements have facilitated the development of a number of software packages that can be used to supplement the resources that the teacher already uses in the classroom. Speech synthesis and voice recognition software and other subject specific software that have been created for use in the classroom are useful tools that have the potential, when used appropriately and effectively to enhance the classroom environment. In this paper reference will be made to several specific researches that have examined the usefulness of Assistive Technologies in the general education classroom. Since most of the research was necessarily specific to students with special needs, they bear considerable relevance to meeting the needs of these specific students. The findings could, however, be easily used in a multicultural classroom where learners are of varying physical and cognitive abilities even if their disabilities are not extensive. Armed with the knowledge of these assistive technologies teachers have the potential to transform their classrooms into an environment that caters for the specific needs of all students, whether those needs come in the form of physical disabilities, cognitive, social, psychological or other peculiar needs. In this paper a number of researches conducted on the impact of the use of assistive technology in the classroom would be presented. The research discussed initially will highlight how in one classroom a teacher created material with the aid of several assistive technology tools and demonstrate the endless possibilities for their usage in the classroom. A further research will be more specific to the advantages of using individual personal computers in the classroom. Further research will demonstrate how this tool and other assistive technology, used along with other medium can improve learners’ literacy (reading, writing and speaking) and numeracy (geometry) skills. Additional research into the tools introduced into the classroom for two other specific subject areas (social studies and environmental science) will be discussed. The result of examining these researches will show that the use of assistive technology in the classroom does in fact contribute significantly to improvements in learners’ performance and motivation. The research that Beck (2002) discusses follows the progress of three-year-old students in the Preschool Education Program. The ten students observed in this case study demonstrated various physical and cognitive shortcomings. Multiple assistive technologies were used to help develop the literacy skills of these students and allowed them to participate in different learning activities eventually leading to improved performance (Beck, 2002). Beck (2002) argues that students with disabilities have more difficulty meeting their goals in literacy skills than other students in the general education system. To facilitate easier interaction in the classroom specific assistive technology tools were created and employed by the classroom teacher. One of the first daily classroom activities is modified using a piece of software a picture communication schedule. This shows the students a picture and written text of its meaning. This approach facilitated student’s reading as they were able to associate the words with the object depicted. The second type of assistive technology was implemented at the language learning center.   Class books for reading were modified and recreated into story boards. These story boards were placed in the classroom. Students could independently follow the book by examining the pictures created to match specific words. The creation of the picture boards was facilitated through the computer software Overlay Maker (Beck 2002). The BIGmack technology was also used. This allowed students to participate in group reading activities by replaying preprogrammed phrases from the book being read, while the rest of the class read aloud (Beck, 2002). Additionally through the use of Intellipics the teacher recreated stories from the class book by using pictures that include sound and animation when selected. Students were permitted five-minute rotations at a computer to practice recognition and reading independently as facilitated by the Intellipics program. Beck (2002) gives a broad assessment of students’ attitude and performance prior to using these technologies. She notes that before, students were not engaged effectively in the reading corner as they just browsed through books, making little attempt to read the pages. She observed that improved interest in reading is the most significant and pleasing result of the introduction of the assistive technologies. The success of the introduction of these equipments in the classroom, though not overly extensive is, nevertheless, informative. Evaluation of the effectiveness of the use of assistive technology in this classroom was done primarily in the form of observations, checklists and informal teacher observations. Following a rubric, students were rated on their ability to activate the switch on the BIGMack when appropriate, their ability to name and identify a picture symbol or point to a picture after hearing its corresponding word. The results showed that approximately 90% of the students activated the BIGMack switch and 80% were able to satisfactorily match picture to word. A similar 80% of students were able to correctly name the picture symbols (Beck, 2002). This clearly shows a significant improvement in student performance when the assistive technology was used. Though these observations were not very scientific they still give a good impression. Computer-Assisted Instruction (CAI) has become an important element in today’s classroom environment. This type of instruction is becoming a significant assistive technology tool when enhancing student learning in various subject areas. It must here be noted that most schools in the United States have a form of CAI in the classroom. The article presented by Boling Martin (2002), sought to determine the effects of CAI on the development of vocabulary on 21 first grade students from a mid-Atlantic elementary school. Ten boys and eleven girls were involved in this six week study. These students were determined to be of a low socio-economic status and had limited exposure to educational experiences outside the school. They were also of mixed ethnicity, thirteen (13) Caucasians, six (6) African-Americans, one (1) Hispanic and (1) Pakistani. The study randomly assigned students to one of two groups. One group the control group, had 10 students and the experimental group had 11 students. All students continued to receive regular reading vocabulary instruction by their teachers. During their assigned 20 minute drop everything and read (DEAR) program both groups read a total seven pre-selected stories. In the control group the story was first read to the students by the teacher, next they listened to it on tape while following in the story book, and finally they were permitted to read any preferred printed literature after the first two tasks were completed. The experimental group used a computerized story board to explore the story first with each student having access to a computer, mouse, keyboard and headphones. Students would read and follow a story independently and where unfamiliar words were met, a click on the word would give its pronunciation. The program used in this study was the WiggleWorks software that offered literacy curriculum based on a combination of speech, sounds, graphics, text and other features.   Students were also able to create word banks by clicking on a plus sign and later develop their own stories or sentences using those words (Boling Martin, 2002). Determining the success of one method over the other was dependent on the students’ performance on vocabulary tests administered before and after the commencement of the study, regardless of the assistive technology used. The results were examined using both pairs of tests. The results showed significant positive effect for both groups but students using the assistive technology software showed greater improvement in their ability to remember more vocabulary words. According to Boling Martin (2002), the experimental group gained significantly as reflected in the difference between the mean scores for the pre test 3.7 and the post test 16.9. Overall the experimental group benefited to a larger extent than the control group. The use of the computer in the learning corners in the Preschool Education program and the Computer Assisted-Instruction testify to the immutable usefulness of this piece of equipment – the computer in the classroom. Acknowledging this fact several laptop immersion programs have been initiated in a number of states across the U.S. including Maine, California, and South Carolina. The Microsoft Corporation caught on to this program in 1996. Report from these immersion programs has suggested that the incorporation of laptops in the general education system not only led to improvements in students’ motivation but have also shown increase in students’ participation and in the rate at which they complete scheduled tasks (Bulek Demirtas, 2005). While educators have been arguing about the utility of laptops in the classroom, some people have questioned the degree to which these have contributed to improvements in student performance. A study was conducted at the Harvest Park Middle School to ascertain what specific impact the use of laptops have on students overall learning, specifically on their individual class grades, grade point average, writing skills and scores on standardized and other external exams (Bulek Demirtas, 2005). This school participates in the laptop immersion program which involves parents and students first applying and then each parent is required to purchase the laptop for his/her child.   In cases where there is economic disadvantage there is the option of a one year loan of a laptop subject to application and approval. Training in the use of the computer is provided. Subsequent to that the students use their laptops independently across their specific subject areas to perform any variety of curricula-related tasks such as researching, preparing presentations, typing essays and note-taking. The school, located in Pleasanton, California has approximately 24% of its population enrolled in the program. Their grade levels range from sixth through to eighth. A representation of Asians, Filipinos, Whites and Hispanics are enrolled in the program (Bulek Demirtas, 2005). The data collected from test results of students enrolled in the laptop immersion program as compared to those not involved, shows something pretty impressive. Five categories of grades were collected for students in the program over a three year period and these were pitted against the grades obtained by students not involved in the program. Their end-of-course grades were collected for each subject and from this their G.P.A. was calculated averaging their grades for all courses taken by each student. Grades were also gathered from the district writing assessment for the sixth and eighth graders and from the California Standards Tests. For sixth and eighth graders this test is strictly multiple choice while for the seventh graders a writing test is included. The last set of grades came from a Norm-Referenced Test in which all three grade levels were tested in spelling, language, reading, and mathematics. The data reveals significant difference in the scores received for all these assessments between students involved in the program and those who were not. In the initial year not much distinction existed between grades but subsequently the laptop users began to showed marked distinction in their grades. The grades obtained by both groups for English Language Arts and Mathematics showed laptop users had higher GPA scores than non-laptop users.   Sixth grade students had a better significant score by 37 points, seventh grade students by 36 points, and eighth grade students by 16 points. The end-of-year grades for these same subject areas showed more A scores and fewer F scores than non-laptop users (Bulek Demirtas, 2005). There was a very considerable difference at the seventh grade level where students in the immersion program had 16% more A’s than non-laptop users (Bulek Demirtas, 2005).   In the eighth grade, however, there is a slight shift in statistics, non-laptop users actually received 3% more A’s than laptop users.   Overall, 90% of students in the laptop immersion program received a letter B grade or performed better in English compared to 79% among the non-laptop users (Bulek Demirtas, 2005). In the district writing assessment for sixth and eighth graders, a higher percentage of laptop-using students met or surpassed their grade level expectations by 16% in grade six and 8% in the eighth grade (Bulek Demirtas, 2005).   The study showed that students in the laptop program scored more Solid Consistency Scores, 3, than the others. In the state mandated exam, students in the laptop program scored at or above the national average in the mathematics and language arts part of the exam for all grade levels (Bulek Dermitas, 2005).   There was considerable difference also in the mathematics sixth grade category where it showed students in the immersion program had a higher percentage by 13 points. The California assessment exam also showed a significantly higher result in the scores of the laptop users compared to the non-laptop users in all grade levels.   Bulek Demirtas (2005) reveal that the laptop users scored higher by a difference of 17% in language arts and 18% in mathematics. The results obtained from the study of the Harvest Park Middle school prove that the laptop immersion program had a positive impact on student achievement (Bulek Dermitas, 2005). The potential uses of the laptop in coordination with other software and technological tools therefore present boundless opportunities for the classroom teacher to modify technique and vary delivery strategy so as to ensure improved student performance. In a study exploring the use of a word processor for teaching the academic outcomes of students with special needs that had been tested as having writing disabilities, Hetzroni and Shrieber (2004), further add merit to the argument for the use of assistive technology in the classroom. In a case study involving three 7th grade students with writing disabilities, the computer word-processing program, when used correctly, was proven to be effective in increasing their writing scores. In this study the researchers functioned under the premise that the slow completion of classroom tasks caused by weaknesses in writing skill could be compensated with the use of assistive technology tools. Three male students, aged 12 to 13 were selected for the study based on their noted learning disabilities and even though they all showed reading scores appropriate to their required age level, it was believed that poor writing skills significantly accounted for their consistent underachievement. They were also required to demonstrate basic keyboarding competence. The study aimed to compare the percentage of spelling and reading errors present in the students work at the end of each language arts and Bible class, the amount of work completed (by examining the exact number of words written) and overall organizational quality, with and without the use of a computer equipped with word processing software. The study was carried out in the two subjects specified and was conducted on the basis of two alternating phases. Phase A (separated further into A1 and A2) covered the period when the students worked independent of the computer and word processing tool. Phase B (separated further into B1 and B2) covered the period when the students were allowed to use a portable computer. The sequence of the program was in-class observation and evaluation of each student by the invigilator under phase A1, an intermediary training session for four 45 minute sessions on basic word processing followed, phase B1 was conducted involving in-class observation and evaluation of the impact of the use of the word processing tool on each student’s performance, in phase A2 the computer was removed and students had to resort to using paper and pencil/pen and then in the final phase B2 the computer was reintroduced. The results of this study proved that the three students improved their writing skills by 5%, reading skills by 3%, organization skills by 30% and decreased errors by 50% (Hetzroni Shrieber, 2004).   There was, however, no noticeable difference in the average number of words the students were able to produce when assisted by the word processor (Hetzroni Shrieber, 2004). While the sample used in this study was very small (only three) it is still important. It goes a far way in demonstrating that, because writing difficulties can impact performance, assistive tools catered to the needs of such students could potentially yield improvements in student’s performance. Even if this is only to a small degree, any improvement in students’ performance is welcomed.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Given that students who have a Learning Disability (LD) have demonstrated significant weaknesses in their writing and reading skills, probably more so than any for any other skill, the use of technology must continue to be integrated in the classroom to assist students with LD’s. In a study presented by Zhang Brooks (1993) the benefits of one particular writing assistive technology, called ROBO-Writer is examined. The purpose of this article was to study the effects of ROBO-Writer as a writing tool for students with LD’s.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The study was conducted over a three month period in a mid-western school and consisted of thirty-three students classified as having a LD. These students included twenty-three male and ten female students ranging in age from 7.7 to 13.2 years in grades 2 to 6 (Zhang Brooks, 1993).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   A week prior to the commencement of the study, students were requested to hand-write freely on any topic of interest. From the papers produced, students were matched based on their mechanics, organizational quality and length and placed into groups of three and then further dispersed randomly to form three distinct groups (Zhang Brooks, 1993). The groups were assigned to use three different writing tools over the three month period. One group (MS), used Microsoft’s Word Processing, the second group (RW), used the ROBO-Writer, and the third group (CT), used the traditional paper-and-pencil writing method (Zhang Brooks, 1993).   Assessment of the merits of one method over another would be dependent on the syntactical and linguistic quality of the texts produced by the students irrespective of the particular technology used during the study period. A one-week training in their assigned technology was provided for the students in the MS and RW groups. Three assignments were given initially. All students were required to produce essays on topics of interest, written during normal assigned class writing time lasting for approximately 20 minutes, using their assigned technology. Later the students had to compose and develop a story over the course of 2 weeks using eight twenty minute sessions. A week after completing this assignment they were given a third story to produce in only 20 minutes this time. The final writing assignment was done a month afterward. For this task students spent 30 minutes writing on a specified topic. Initial observation of the students revealed that the MS and CT made little attempt to revise or edit their work before submitting while the RW group were involved in editing their work using the tools available in the software. Assessment of the written work was done by graduate students enrolled in a holistic assessment seminar. The basis of assessment was a modified rubric because the students have learning disabilities (Zhang Brooks, 1993). The results of the study show that the method used to produce the tasks had a significant influence on the overall quality of the written products. The statistical results obtained from correlation of the scores reveal that there was a considerable disparity in the average performances on the last three tasks. Without exception the students in the RW group received considerably higher scores than those in the MS or CT groups (Zhang Brooks, 1993). The above studies testify to the benefits of using assistive technology in the form of special word processing software, as opposed to traditional paper and pen methods particularly for students with learning disabilities. The research discussed by Craddock and Eng (2003) broadens the scope by demonstrating that, while assistive technology could be useful, they must be catered to the specific need of each student if they are to be effective. In a study proposing to look at how assistive technology improved students’ grades and performance, Craddock Eng (2003) provided information on how assistive technology was effectively used in the classroom with students having disabilities. The study was done over a two year period but was not confined to the classroom. Students were also observed in their interaction outside of the classroom setting.   There were forty-five students with learning disabilities that participated in the study and more than 25 individuals engaged in evaluating the students during this period of time using different forms of evaluations including formal assessment, observations, and written reports (Craddock Eng, 2003). The students were selected on the basis of their special needs. These students were lacking in assistive technology that could prove beneficial. An initial evaluation was done to assess each student’s specific need (Craddock Eng, 2003).   After evaluation and approval, each student received a specific assistive technology. The range of assistive technology provided to the students included touch screens, alternate keyboards, Reading/Writing Programs, screen enlargements, and talking processors.   Subsequently the study focused on assessing whether or not the selected technology would effectively assist or had no effect on these students’ performance. Prior performance data was obtained for each student and this later formed the basis for comparison with performance after the introduction of the assistive technology. Later on, according to Craddock Eng (2003), data was collected periodically after students were capable of using the assisted technology. After students became relatively comfortable with using the technology, they were able to use their new tools to help them improve many skills in different areas such as reading, writing, and speaking. The students were formally assessed every six weeks. Since students were using different types of assisted technology and were in different classrooms, evaluations took different forms, for example, improvement in interaction was assessed for students with speech problems as they were now able to communicate with the teacher and other students using a talking processor instead of a writing pad. Other students who couldn’t write used a Word-Processor program that allowed them to type their answer or message. The evaluation of these students did not only focus on changes in their academic performance. Certain important achievements, not capable of being formally evaluated, such as their new ability to communicate with peers and teachers as never before, were quite evident (Craddock Eng, 2003).   The findings concluded that more than two-thirds of the assisted technologies provided allowed students to work, communicate, and interact in the classroom with students and teachers.   Students using a talking processor showed improvement particularly in oral exams (Craddock Eng, 2003). Those students using a Word-Processor program were able to communicate with others and increased speed in communication by typing their message. One of the most significant improvements for these students was speed in communication and response (Craddock Eng, 2003).   Students using these technologies improved their scores by over 30% because the appropriate technology allowed them to answer correctly and freely.   However, some of the findings concluded that some students did not improve in response time or student performance using the talking processor (Craddock Eng, 2003).   Some students were able to answer rapidly but their answers were incorrect.    This concluded that even if students had the appropriate assisted technology improvements on exams was not guaranteed.   These technologies were able to facilitate and improve interaction, communication, and response time as never before.   The study concludes that, besides improvement in their grades and performance, they were also observed to be better able to interact and communicate with others (Craddock Eng 2003). Most of the researches presented so far have focused primarily on the language arts program. This may suggest that assistive technology could only be useful in helping develop language skills. This, of course, is not a true picture. Three further articles expound on research of the use of assistive technology in other subjects areas, specifically social studies, mathematics and environmental science. In Funkhouser’s (2002/2003) presentation, he points out that Mathematics software is part of the growing demand on assistive technology. A thirty six week study at a large high school aimed to ascertain if student success in geometry could be improved with the introduction of assistive technology. The study aimed to compare effects of a constructivist approach to a behaviorist instructional approach using a mathematics software program as assisted technology (Funkhouser, 2002/2003). Forty nine tenth and eleventh grade student participated in the study including both males and females. Using a normal scheduling process students were divided into two groups. One was the control group and the other was the treatment group. The control group consisted of twenty-seven students and the treatment group contained twenty-two (Funkhouser, 2002/2003). Two different learning environments were created each using different textbooks one employing a constructivist and the other a behaviorist approach.   Both groups covered the same topics. However, only the treatment group used the Geometry Supposer software as assistive technology. The pre-test and a post-test evaluation of both groups, consisting of ten questions pertaining to math attitudes, student approaches, student procedures and geometric calculations performance showed that there was significant improvement in knowledge by the treatment group by a t-test value of 2.06 (Funkhouser, 2002/2003). The results on improving student attitude were not significant between both groups. However, according to Funkhouser (2002/2003), students received significant benefits from constructivist computer-assisted instruction. This next research, discussed by Boon, Burke, Fore Spencer (2006), involves the integration of technology in an effort to enhance learning in social studies classes. The researchers attempted to assess the impact of cognitive organizers, with the integration of technology, Inspiration 6 software, on increasing content-area learning for secondary students with and without disabilities in inclusive social studies classes. There were forty-nine tenth grade students who participated in the study that lasted three weeks. From this group, twenty students were classified as having a learning disability (Boon et al 2006).   This school was located in the southeast part of the United States.   A general education teacher and two special education teachers participated in the study.   The method consisted of comparing a pretest and posttest on the result of cognitive organizers opposed to traditional textbooks. The group of students was separated into two groups classified as a control group and an experimental group. Both groups used the same textbook. In addition to the text book the control group used were involved in group activities, used guided handouts, worksheets, and video presentations. The experimental group used desktop computers, disks, guided outlines, reading materials, and Inspiration 6 software (Boon et al. 2006). The teacher in this classroom was also provided with a folder containing presentations, templates, and lesson plans.   The teacher also participated in one forty-five minute training on how to use Inspiration software.   Students in this group were also trained on using the software and creating outlines, charts, webs, using the voice converter, and converting outlines into a cognitive organizer.   This software allowed them to insert photos, sound, graphics, highlight text, change backgrounds. In the experimental group, students were introduced to a new chapter and given a pretest consisting of thirty-five questions.   Students were provided with a cognitive organizer for writing the chapter’s attributes as a class guided activity.   When students finished the chapter, they were able to input all the information they wrote in an outline on the Inspiration software.   The software allowed students to transform it into a cognitive organizer and diagram (Boon et al. 2006).   Using this cognitive organizer, students were able to study the chapter’s concepts throughout the study.   At the end, the teacher administered the posttest with the exact questions as the pretest. In the control group, the students completed the same pretest as the experimental group.   Afterwards, the students read orally as a class discussing the chapter’s concepts and later completed a ten-question worksheet to review vocabulary, people, and important events (Boon et al. 2006).   Throughout the study, students watched videos, completed group activities, and read the chapter various times.   At the end, the teacher administered the same posttest as the experimental group.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Both tests administered consisted of grading each question using points from zero to two.   The same score procedure was used for students with learning disabilities.   Ã‚   The results indicated that prior to the technology intervention no major significance in scores was found.   After the technology interference, a major difference was found as students in the experimental groups scored a mean average of 52.54 compared to the 26.84 of the control group (Boon et al. 2006). Students in the experimental group also improved their scores between the pretest and posttest by 41 points.   Overall the students who use the cognitive organizers performed better that those who just used the traditional textbook instruction. The use of cognitive organizers therefore has the potential to notably improve content-area learning for students with and without disabilities (Boon et al 2006). In the third subject-specific research Chanda, Sharonda Briers (2003) discussed how technology programs implemented in a classroom of economically disadvantage students, including disabled, enhanced their performance on the subject of Environmental Science.   The purpose of the study was to evaluate the effects of classroom strategies involving computer use on the performance of economically disadvantaged students (Chanda, Sharonda, and Briers, 2003).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The setting for this study was the Pennsylvania Middle school.   There were 311 students ranging from age 11 to 14 years (Chanda et al, 2003). The study was done using a quasi-experimental design meaning it included a pre-test, intervention, and post-test (Chanda et al., 2003).   Only 249 students were eventually analyzed because the other 62 missed one part of the design.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the pre test the researchers designed a 25 multiple choice exam consisting of questions dealing with Environmental Science, computer skills, and student demographics (Chanda et al, 2003).   The post test consisted of 49 multiple choice questions dealing with the same subjects.   Students had 30 minutes to complete the items. According to the Chanda et al. (2003), students had a 1 week intervention on Environmental Science using special software that allowed them to work in groups. Students worked in groups but were still tested individually. Students working together from two separate stations could take on the role of driver or navigator. The drivers in each group could control the computer program and all actions. The navigator’s purpose was to guide the driver in everything. The navigator would tell the driver what to click, where to go, and type all answer in the program. However, both students had to jointly decide on the answers working together to complete the assignments (Chanda et al, 2003).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The post-test data concluded that students managed to improve their performance on the post-test after the evaluation due to the program based on the driver navigator method (Chanda et al, 2003). What the article fails to detail though is an explanation or depiction of the exact numbers, percentages, or data on their improvement. The students were also evaluated on the basis of gender and this produced significant results. According to the Chanda et al. (2003), when students were grouped by different gender, the males dominated the driver part and would take over the navigator part giving them less improvement on their post test. Significantly also students in the same gender had a more significant improvement on their post-tests after following their proper roles by working together to meet the objectives in the subject areas (Chanda et al, 2003). In conclusion, the special program did enhance their performance on the specific subject areas due to its driver navigator method on doing assignments and projects (Chanda et al, 2003). In their article Cramer Smith (2002) argue that the argument for the use of technology as an assistive tool is not very convincing. While they believe that the integration of technology into the classroom, not as a substitute to the traditional instructional method, but as a way of supporting the teaching learning process is useful, they do not find that there is enough evidence to support the claims that they impact student performance extensively. In an article Cramer Smith (2002) present the findings of a study assessing the effectiveness of these new forms of learning tools. The research examined whether the use of an innovative program titled â€Å"The Movie Project† designed to improve essential literacy, oral, technology and grammar skills in a fun and exciting way makes a impact on student’s productive skills. â€Å"The Movie Project† is a unit of content delivery designed by educators that seeks to have students actively involved in the productive aspects of language. At the beginning of each school year a topic is chosen for a movie and students in groups prepare a movie script, the best one voted on in class. Between January and April the entire class works on producing an eight to ten minute movie, each student vying for positions as actors, producers, camera operators etc. To complete their movie students had access to a variety of technological tools such as camcorders and computers (Cramer Smith, 2002). The research presented by Cramer Smith (2002), compares the performance of students from two schools, one actively involved in â€Å"The Movie Project† – called the Movie Project School, and the other and the other where technology was not integrated into the teaching process – called the Traditional School. The number of participants was eighty-eight and fifty five students and three and four language arts teachers respectively. Besides their use of â€Å"The Movie Project† teachers were interviewed to discuss their use and integration of technology in various aspects of the classroom. The Movie Project School was thus identified to be the most technological rich school while the Traditional School had less access to and used technology far as an assistive tool. Writing samples were collected from a randomly selected group of students from both the Movie Project and the Traditional School. Two separate sets of writing samples were collected for each student involved. One was collected at the beginning of the year and the second was collected at the end of the year. All language arts teachers at the two schools participated in the study except one in the traditional school because no beginning-of-the-year writing samples were obtained. A total of 148 writing samples were submitted by the language arts teachers, eight were used during the standardization procedure and one had to be discarded. A writing sample represents both the beginning and the end of the year work for each student. Each student’s paper was scored on the basis of the quality of the development of ideas and how well these ideas are articulated and organized (ideas, organization and voice). For each of these three areas a separate aggregated score was produced for each grade level with the scores for the beginning and the end of the year also separated. At the beginning of the school year the average scores received for students at the Movie School for ideas, organization and voice were 2.89, 2.61 and 2.81 correspondingly with a median of 3.0 across. For the Traditional School the equivalent scores were 2.46, 2.24 and 2.30. The comparative results between beginning-of-year and end-of-year samples for each student and between the Movie School and the Traditional school did not demonstrate any significant changes. The average scores for the end-of-year samples for the Movie School were 3.2 for ideas, 2.93 for organization, and 3.19 for voice. The median was again 3.0. For the Traditional School the mean scores were now 3.28, 3.08 and 2.97 and they too had a mean of 3.0 overall.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The argument put forward by Cramer Smith (2002) is clear, there is not enough empirical evidence to conclude that assistive technology dramatically increases students’ performance. They believe that the lack of success of research into the impact of assistive technology could be because it is very difficult to measure the extent to which assistive technology as isolated factors contribute to improvements in students learning. By its very name assistive technology suggests that other traditional methods are employed in the classroom as well. Cramer Smith (2002) argue that a vast number of factors can also mitigate either for or against improvement in student’s performance with the aid of assistive technology. In the research just outlined for example, it was noted that students in the Traditional School for given more writing samples to produce as well as journaling was required at least twice per week as opposed to only once per week in the Movie School. Additionally, even though in the Traditional School computers were not as prevalent, their students used technology more often than those in the Movie School.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The conclusion is that, in order to assess the overall effectiveness of assistive technologies as opposed to the traditional method, other independent variables would have to be removed as these could obscure the results in favor of one position over the other. Too many factors are at work in the classroom for this isolation to be possible. Until such a research becomes possible teachers should not, however discount the use of these technologies in the classroom. The traditional teaching methodology is ever changing and teachers are constantly pressed to develop new ideas and strategies to meet the needs of their students. Even if there is no broad consensus on the overall impact of assistive technology, the task of determining its usefulness for individual students must be left up to the teacher. It is the teacher who interacts daily with these learners. It is the teacher who can determine whether or not changes in attitude arise from exposure to assistive technologies. It is the teacher who feels rewarded when a child’s life, even if it is only one, is shown to be positively impacted when their learning disabilities are offset by the use of assistive technologies. While some of the researches presented were not specific to the learning disabled classroom, they are still of relevance. The goal should not only be to separate the learning disabled from the main stream system, but to see how best to integrate them into the regular school system. A multicultural classroom where each student is able to function effectively in the classroom, despite whatever physical, psychological or cognitive difficulties they may have, where ethnic, gender and other differences are accommodated, is the ideal. Training in the use of assistive technology cannot be only for special education teachers. All teachers, across all grade levels, must learn to incorporate these and several other technologies in the classroom so as to create the healthiest environment for student motivation and cognitive, social, psychological, physical and other forms of development.       REFERENCES    Beck, J. (2002, Nov/Dec). Emerging Literacy Through Assistive Technology. Council for Exceptional Children, 35, 44-49. Boling, C. J., Martin, M. (2002). The Effects of Computer-Assisted Instruction on First Grade Students’ Vocabulary Development. Reading Improvement, 39, 79-88. Boon, R.T., Burke, M.D., Fore, C. Spencer, V.G. (2006). The Impact of Cognitive Organizers and Technology-Based Practices to Promote Student Success in Secondary Social Studies Classrooms for Students with Learning Disabilities. Journal of Special Education Technology, 21(1), 5-15. Bulek, J. Demirtas, H. (2005, January) Learning with technology: The Impact of Laptop Use on Student Achievement. The Journal of Technology, Learning, and Assessment, 3 (2). Chanda E., Sharonda P., Briers G. (2003) Evaluating Classroom Strategies to Enhance Performance: Using a Computer-Assisted Program. NACTA Journal, 12, 1-5. Craddock, G. Eng, B. (2003). Satisfaction in Assistive Technology Use: Factors that Impact on Students with Disabilities, Research Results. Cognitive Processing, 4, 28-39. Cramer, S. Smith, A. (2002). Technologys Impact on Student Writing at the Middle School Level. Journal of Instructional Psychology, 1-9 Funkhouser, C. (2002/2003). The Effects of Computer-Augmented Geometry Instruction on Student Performance and Attitudes. Journal of Research on Technology in Education, 35(2) 163-75. Hetzroni, O., Shrieber, B. (2004). Word Processing as an Assistive Technology Tool for Enhancing Academic Outcomes of Students with Writing Disabilities in the General Classroom. Journal of Learning Disabilities, 37(2), 143-154. Zhang, Y. Brooks, D. (1993). The Holistic Quality of Texts Created by Elementary Students with Learning Disabilities is Improved when Appropriate Computer-Based Software is Employed as the Writing Tool. Retrieved November 2, 2006, from http://dwb.unl.edu/Diss/YZhang/YZDissPaper.html

Wednesday, August 21, 2019

Cell Phones and Teenagers Essay Example for Free

Cell Phones and Teenagers Essay Driving and talking on a cell phone is a major distraction and possible cause of car crashes. Cell phones and new technology is becoming the cause of more and more deadly crashes, especially when it is a teen driver. There were 3,092 deaths in distraction-related accidents in 2010, but the number is probably higher. Talking on a cell phone while driving can make a young driver’s reaction time as slow as that of a 70-year-old. While teenagers are texting, they spend about 10 percent of the time outside the driving lane they’re supposed to be in. About 6,000 deaths and a half a million injuries are caused by distracted drivers every year. Each year, 21% of deadly car crashes involving teenagers between the ages of 16 and 19 was because they were on their cell phones. This result has been expected to grow 4% every year. Students Against Destructive Decisions (SADD) is an organization all over the country and is a recognized group that started out 30 years ago with a mission to prevent drinking while driving. In 1997, they changed their name because they wanted increase their focus into all areas of negative behaviors such as texting while driving, road rage, and teen crashes in general. The National Organization for Youth Safety (NOYS) is another countrywide organization that promotes empowerment and leadership for teens to take action and help save lives among their fellow road companions.

Data Protection Act 1998

Data Protection Act 1998 Abstract The focus of this report is to explain the requirements imposes of Data Protection Act 1998. The 1998 act affects to all people who uses information or data about other individuals Business. The DPA 1998 covers from the initial collection of data through its final deletion or destruction. The main term used in the IT industry is Data Processing which is extremely wide and it can be either usage of data, alteration of data, retrieval, data transmission or destruction of data. Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The Data Protection Act 1998 is a United Kingdom Act of Parliament [1] which came into force early in 1999 and replaced the Data Protection Act 1984. The Act defines law on the processing data of living people. It is one of the main laws of legislation that governs the protection of personal data. Under this act, those who manage or use personal information have to follow rules or principles that are defined in the DPA. It also provides rights to individuals over their personal information. Some of the individual rights under DPA include access, compensation and the prevention of processing.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The basic principle of DPA is protecting privacy and a way in which each individual can control information about them. Also it defines a way in which organisations should carry their marketing strategy, through any communication media. Most of the act does not apply to domestic use, for example keeping personal address book. Well, if anyone holds personal data for other purpose he should follow this Act. The DPA also ensures that the data controller or the computer bureau will be liable for processing operation against the DPA Principles. The History   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The Data Protection Act 1984 was introduced in UK legislation to provide special protection to individuals. The Act was adopted by the European Parliament after a lengthy discussion sessions. They adopted a proposal for a directive on the processing of personal data and on the transfer of such data. Certain protections where given in scenario where the personal information relating to them was handled, such as large business organisations and in emerging information technology. Data given from one party to another party may only be used for the specific purpose it was disclosed for. The data should be only kept for a limited period of time and must not be disclosed to other party without the authorisation of data owner. The term Processing and Personal data had a great impact in transformation during the DPA 1984. The Personal data covers both the data in electronic and manual form. And the term Processing became wide in such a way that nothing could b e carried out in relation to personal data under this definition.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The Data Protection Registrar was the regulatory authority who oversees the implementation and functionality of the act. Later it was followed up by the Data Protection Act 1998, which is an implementation of European Union Directive 95/46/EC. In DPA 1998 it renamed the Data Protection Registrar to Data Protection Commissioner. The functionality of Data Protection Commissioner is to ensure the compliance by publics by taking the necessity steps. The current Information Commissioner is Richard Thomas, he has the authority to inform parliament directly. The other function of commissioner is to provide guidance, promote good practice which falls under the Act. It also provides helpline services by phone or written request. The commissioner also acts like a legal adviser to the data controllers and has developed issued many documents for the data controller for implementing and interpretation of their duties. Some of the documents include: Code of Practice for CCTV users; Code of Practice on Employment Practices, which include codes on Recruitment and Selection; Records Management; Monitoring at Work and Medical Information about the employees. Code of Practice on Telecommunications Directory Information and Fair Processing. The Principles of DPA 1998   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The DPA 1998 contains eight data protection principles in relation to the processing of personal data. They are Personal data should be processed fairly and lawfully. Personal data should only be obtained for one or more specified and lawful purposes, and it should not be further processed in any manner incompatible with these purposes. Personal data should be adequate, relevant and not excessive in relation to the purposes for which they were collected or processed. Personal data should be accurate and where necessary kept up to date. Personal data should not be kept longer than is needed for its intended purpose. Personal data should be processed in accordance with the rights of the individual which the information concerns. Appropriate technical measures should be taken against unauthorised or unlawful processing or destruction of personal data and against accidental loss or destructionor damage to personal data. Personal data should not be transferred outside the European Economic Area unless that country ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. The First Data Protection Principle   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The first data protection principle says that Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless At least one of the conditions in Schedule 2 is met, and In the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  In the first principle, by fairly and lawfully it means that any processing of personal data must be allowed by common law. Fair processing states that any all the processing must be fair without any misleading. The processing should be carried out without any deception. The important point of view of the first principle is obtaining and disclosing personal data, which covers the whole life cycle of personal data used by the data controller. The data controller should have legitimate reasons for collecting and processing the personal data and should not use the data in such a way that have unjustified adverse effects on the individual concerned.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The Lawful processing also defines that the data subjects should be provided with information during the time of collecting the data, on why and how their data are being processed. This information is provided in the Fair Processing Notice. The notice should include the basic information given below: The identity of the data controller who process the personal data. The purposes for which the personal data are intended to be processed. To whom the personal data may be disclosed to, for example, a government department or agency. And any further information regarding the processing, to ensure the subject, that the data controller does not do anything unlawful with the data. Conditions to be Satisfied for Fair Processing   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  In addition to the Fair Processing Notice, there are some more conditions that should be met. The conditions are listed in Schedule 2 of the Act. There are six conditions for processing personal data in Schedule 2; the personal data should not be processed unless one of the conditions is met. Schedule 2 conditions The data subject has given his consent for processing. If it is for performing or entering a contract with the data subject. The data controller is under a legal obligation, other than under contract For the purpose of protecting the vital interest of the data subject. It is for the administration of justice, exercising functions under an enactment, exercising of government functions, or the exercise of any other functions of a public nature in the public interest It is for the pursuit of the legitimate interests of the data controller. In the case of sensitive personal data, one of the conditions in Schedule 2 and Schedule 3 must also be met for Fair Processing. Schedule 3 Conditions explicit consent has been given by the data subject it is for the exercise of rights or obligations in connection with employment it is to protect the vital interests of the data subject or anyone else it is part of the legitimate activity of a not for profit organisation the personal data have already been made public by the data subject it forms part of legal proceedings, including obtaining legal advice, and exercising or defending legal rights it is for the administration of justice, or exercising functions under an enactment, or exercising of government functions it is for medical purposes it is for the purpose of monitoring equality of opportunity The Second Data Protection Principle   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The Second Principle Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes, explains the requirement for specifying the purpose for which it obtains the personal data. It also means that, the organisation who obtains the personal data should clearly specify the reason to the ICO, why they are collecting and what they intend to do with the personal data. The organisation should also notify the process to the Information Commissioner.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The data controller can send privacy notices regarding the process to make it more effective. Privacy notices are generally given at the time of collecting personal data. Data controller should also need to get prior consent to use or disclose the personal data for the purpose other than he originally obtained for. The Third Data Protection Principle   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The third principle of the Data Protection Act states three conditions or requirements to the data controller. The data controller should not obtain any more personal data than they need for the processing nor they should discard any personal data. The data must be adequate, relevant and not excessive. Also the data controller is not authorised to process whatever information he likes about the individual.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The third principle also states that the data controller should identify the minimum required information on each individual to fulfil their purpose. Only in certain cases he can hold additional information about certain individuals for the processing. A simple example for this is a surgeon before performing a surgery he should know about the patient medical conditions, such as his medical history, his habits (like drinking, smoking etc), information from medical checkups. If the patient has to undergo a major heart operation, the surgeon will also look upon patient family members medical history also. If the parents have asthma, blood pressure, etc.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  In organisation the same process is taking place in a different manner during the recruitment process. The employees are asked same in depth question regarding their personal information. The third principle is strongly linked to the first principle. Processing of personal data which is inadequate, irrelevant or excessive is unfair to the data subject. The first principle requires fairness in processing. The excessive information can be something that the organisation keeps for certain conditions, like in a manufacturing factory they will keep the blood group of their entire employee who works in a hazardous environment and this information is needed only in case of accidents. Such information are likely to be irrelevant and excessive for the rest of the employees. The Fourth Data Protection Principle   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The Act says that Personal data shall be accurate and, where necessary, kept up to date. Once the data controller overcomes the first and second principles of DPA, the next main fact to consider is the data quality, in which accuracy plays the main role. There are two obligations in the fourth principle that should be taken care off.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Firstly, the data should be accurate. The data controller should take necessary steps to ensure the accuracy of data in regard to the purpose for which it is collected and further processed. Incomplete information will be inaccurate if it misleads. Even though if the actual given data happens to be true, there will be a misleading if the two data subjects are identical. In such cases more information will be needed to keep it more accurate for the data controller to identify. If the data controller makes decision on the result of inaccurate processed data, then he will be breaking the first data protection principle which indicates the strong link between accuracy and fairness in data processing.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Secondly, the data controller should also see that the personal data are kept up-to-date. This condition depends upon the case where personal data are subjected to repeated use for a long period of time. In such cases data controller has to take more review on personal data. If the data subject notifies the data controller that the data is inaccurate, then he should ensure the changes are made to the data to keep it up-to-date.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  If a data subject suspects that the information held about him is inaccurate, he will have to see the personal data which the data controller holds. The data subject can make an access request under section 7, for accessing a copy of his personal data held by the data controller. If the court is satisfied with the data subject, then the court may order the data controller to rectify, block, erase, or destroy the personal data. If the processing had caused damage to the data subject then the court will order to give compensation. The Fifth Data Protection Principle   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The Fifth Act says that Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. The data controller should review, for how long the personal data is retained. He shall also retain the data for performing purpose other than the original purpose for which it was obtained. The main element of the fifth principle is to show the reason for which the personal data is held. If the data controller fails to show a sufficient reason for holding the data then, he should get rid of the data.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  If the personal data is kept for a long time there is a chance that the information will go out of date causing error. It also becomes difficult to ensure that the information is accurate. Even if the information is no more needed, the data controller should make sure that it is held securely. Reviewing personal data regularly and deleting those no longer needed is a good practice. The data that should be retained must be archived or put offline.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The personal data are retained only in certain scenarios depending upon the current and future scope of the information. Major concerned things for retaining data are the cost, liability and risks for retaining the personal information. The Sixth Data Protection Principle   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The sixth DPA principle says that Personal data shall be processed in accordance with the rights of data subjects under this Act [9]. The sixth principle gives rights to the individual in respect of personal data the organisation hold about them. Under this principle certain rights for individual are mentioned they are: Access to personal data. Preventing process likely to cause damage or distress. Prevent direct marketing. Automated decision making. Correcting inaccurate personal data. Compensation.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Access to personal data is commonly referred to as subject access. It is created by section 7 of the DPA. This is mostly used by data subjects who want to see the copy of personal data which the organisation holds about them. The data subjects are entitled only to their own data. By giving a written request an individual is entitled to know whether any personal data is being processed. The organisation should also inform him the reasons it is being processed and whether it will be given to any other organisation.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The second right says that the data subject can demand the organisation to stop the processing if it causes damage or distress to the data subject. The individual can write an objection stating the damage or distress faced by them to the data controller. This is called Objection to processing. The objection should clearly specify the effect of processing.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  For example, consider the scenario where a person is refused a job in an manufacturing company because the company came to know from a third party that the man is unsuitable for job because he was one among the trade union activists. The third party will be having a blacklist containing names of people who are unsuitable to be employed in a manufacturing company. The suffering person can write to the data controller who maintains the blacklist and ask him to remove his name from the list. He can show that he is suffering damage and distress because of this processing. In this case the data controller should cease processing the persons information and respond to his mail within 21 days.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The data subjects also have the right to prevent their data being processed for Direct Marketing. They can give an objection to processing to halt the usage of their data for direct marketing. Direct marketing includes junk mails that are not addressed to a particular person but to the occupier. For example, mails posted through every letter box in a street, like leaflets, shop advertisements, etc. The direct marketing does not just refer to selling items to customers but also includes promotions and campaigns. The data subject may ask the organisation to delete these details from database. But it is preferable to suppress the personal data. Suppressing involves just retaining only enough information about the customers. It also ensures that the organisation not sends marketing to people who have asked not to and helps retaining individual information in the database.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Data subjects also have the right to inform the data controller, not to make automated decision using their personal data and can ask to reconsider the decision taken by automated means. The data controller should inform the data subject when such a situation is taken. These types of decision are taken without any human intervention. For example, consider a person who transfers his cash from one account to other and the transfer gets declined automatically. This might have happened because the individuals information did not match the pre-defined criteria in the automated system. He may undertake manual process to do the transfer.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  According to the fourth principle the data should be accurate. If the data is inaccurate, the data subject has the right to apply the court for releasing an order to block, rectify, erase or destroy the inaccurate information. The court may investigate whether this statement is true or not. If the individual has suffered from damage or distress then he will be awarded compensation. The Seventh Data Protection Principle   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The seventh DPA ensures the security of personal data undergoing process. The principle says that Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. This principle is often called security principle. The data controller should take proper care of data which he holds not accidentally or deliberately compromise. He should also need to design and organise the security to fit to the process. Also make sure about the person in his organisation that is responsible for the data information security. The data controller should adopt appropriate measures against Unauthorised processing of personal data. Unlawful processing of personal data. Accidental destruction, damage or loss to personal data.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Technical measures/security includes the use of passwords and other authentication techniques, encryption and anti-virus software to detect malwares. . He should also ensure to keep up to date with the development of security technologies, make sure that well trained and reliable staffs with robust physical and technical security are used. As a part of notification process the data controller should describe the Information Commissioner about the security arrangements made in the organisation to keep the personal data. The Eight Data Protection Principle   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The eighth DPA says that Personal data shall not be transferred to a country or territory outside the EEA unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. The data controller requires informing individuals about the disclosure of their personal data to other overseas parties. Before making the data transfer to a third party, the data controller should consider whether he can achieve his aims without processing the original data and there should be some substantive processing conducted on the personal data in the third country. The condition will not apply in the case where it is not possible to identify individuals from the information. In this type of cases the data controller are free to transfer the information outside the EEA.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  A transfer is said to have occurred when the personal data is send to other country. If the data controller puts the personal data on a website will often results in data transfer to other countries outside the EEA. The transfer occurs when someone outside the EEA access the website. The data controller should also consider the fact that a transfer occurs while putting personal data on websites and sees whether it is fair for the concerned data subject. Currently, there are no restrictions on personal data transfer to EEA countries. They are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, and Slovenia.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The European Commission will also undergo a case to case assessment of the level of protection affordable by the third country. All the circumstances surrounding the data transfer are assessed. In addition to this consideration must be also given to: The nature of personal data. How long will the proposed process last. The country of origin of personal data and the destination to which it will be transferred. The security measures and professional rules in the destination country.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Certain countries have been considered for having adequate protection by the European Commission. They are Argentina, Canada, Guernsey, Isle of Man, Switzerland, and Jersey. Conclusion   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  I hope this report would have given a brief idea about the Data Protection Act 1998. This report also mentions the different principles concerned with DPA, the way that a data controller should follow for lawful and fairness processing. Proper care should be taken while handling personal data, still cyber threats are done by accruing the mobile numbers of individuals and pinpointing them by identifying the co-ordinates of the SIM location. So the firms or organisation should ensure that they pay more attention to DPA for the safety and privacy of people. Annotations DPA Data Protection Act 1998 ICO Information Commissioners Office EEA European Economic Area SIM Subscriber Identification Module Card References Stewart Room, 2007, Data Protection Compliance in Context, Published by CAPDM. City Of London, Data Protection Act, Available at: http://www.cityoflondon.gov.uk/Corporation/LGNL_Services/Council_and_democracy/Data_protection_and_freedom_of_information/Data_protection_act.htm Accessed on [Jan 10,2010] Wikipedia, Data Protection Act 1998, Available at: http://en.wikipedia.org/wiki/Data_Protection_Act_1998 Accessed on [Jan15,2010] Piers Leigh-Pollitt James Mullock, 1999, The Data Protection Act Explained, Second Edition 2000,Publlished by Osborne Clarke. Lancaster University Data Protection Project, 2001, the Data Protection Principle. Available at: http://www.dpa.lancs.ac.uk/principles.htm Accessed on [Jan16, 2010]. ICO, Processing personal data for specified purposes (Principle 2), Available at : http://www.ico.gov.uk/for_organisations/data_protection_guide/principle_2_processing_personal_data_for_specified_purposes.aspx Accessed on [Jan 24,2010] ICO, Keeping personal data accurate and up to date (Principle 4)Available at : http://www.ico.gov.uk/for_organisations/data_protection_guide/principles_3_to_5_information_standards/keeping_personal_information_accurate_and_up_to_date.aspx . Accessed on [Jan 24,2010] ICO, Retaining personal data (Principle 5).Available at: http://www.ico.gov.uk/for_organisations/data_protection_guide/principles_3_to_5_information_standards/retaining_personal_data.aspx . Accessed on [Jan 24,2010] ICO, The rights of individuals (Principle 6).)Available at: http://www.ico.gov.uk/for_organisations/data_protection_guide/principle_6_the_rights_of_individuals.aspx . Accessed on [Jan 26,2010] ICO, Information security (Principle 7).Available at: http://www.ico.gov.uk/for_organisations/data_protection_guide/principle_7_information_security.aspx . Accessed on [Jan 26,2010] ICO, Sending personal data outside the European Economic Area (Principle 8).Available at: http://www.ico.gov.uk/for_organisations/data_protection_guide/principle_8_sending_personal_data_outside_the_eea.aspx . Accessed on [Jan 26,2010] Peter Carey,2004, Data Protection Handbook, Published by Law Society.