What is the Data Protection Act (DPA)? 1998

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Presentation transcript:

What is the Data Protection Act (DPA)? 1998 The Data Protection Act 1998 seeks to strike a balance between the rights of individuals and the sometimes competing interests of those with legitimate reasons for using personal information. The DPA gives individuals certain rights regarding information held about them. It places obligations on those who process information (data controllers) while giving rights to those who are the subject of that data (data subjects). Personal information covers both facts and opinions about the individual.

Data Protection Act 1998 4 key points you need to learn/understand/revise

Reasons for the DPA 1 Personal Privacy is a basic human right Computer systems contain large amounts of personal data that may be sensitive Personal privacy and rights for individuals demand good information handling practice The DPA is an attempt to address this issue

Reasons for the DPA 2 The DPA was first passed in 1984 and revised in 1998 (to bring it into line with other European Union countries) Set of regulations for storing personal data 1998 Act was extended to cover paper-based data (previously only covered automatically processed data)

People The DPA refers to two types of people Data Controllers (formerly called data holders) Data Subjects The DPA is enforced by the Information Commissioner

Data Protection Act, 1998 Personal data must be: Processed fairly and lawfully Obtained for specified and lawful purposes Use not excessive for purpose Accurate and up to date Not kept longer than necessary Processed with the rights of the data subjects Kept secure Not to be transferred outside the EU

Rights of the Data Subjects Given a copy of data held Prevent processing if causes distress Prevent use of direct marketing Receive compensation for distress caused Make a request to the Data Protection Commissioner if the Act has been contravened

Exemptions Related to National Security Associated with Crime and taxation Involved with Health, Education and social work Used in research, history and statistics Required by law in connection with legal proceedings