DATA PROTECTION ACT (DPA)

WHAT IS THE DATA PROTECTION ACT?  The Data Protection Act The Data Protection Act (DPA) gives individuals the right to know what information is held about them, and provides a framework to ensure that personal information is handled properly.

WHAT IS PERSONAL DATA?  Personal data means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller.

WHAT IS SENSITIVE DATA?  Sensitive data encompasses a wide range of information and can include: your ethnic or racial origin, political opinion, religious or other similar beliefs, memberships, physical or mental health details, personal life, or criminal or civil offences. These examples of information are protected by your civil rights.

THE 8 PRINCIPLES OF THE DPA  They must make sure the information is:  used fairly and lawfully  used for limited, specifically stated purposes  used in a way that is adequate, relevant and not excessive  accurate  kept for no longer than is absolutely necessary  handled according to people’s data protection rights  kept safe and secure  not transferred outside the European Economic Area without adequate protection

WHAT IS A DATA OFFICER?  A data officer is a corporate officer responsible for enterprise wide governance and utilization of information as an asset, via data processing, analysis, data mining, information trading and other means

WHAT IS A DATA SUBJECT?  Data subject means an individual who is the subject of personal data. In other words, the data subject is the individual who the particular personal data is about. The Act does not count as a data subject an individual who has died or who cannot be identified or distinguished from others.

WHAT IS AN OMBUDSMAN?  An official appointed to investigate individuals' complaints against a company or organization, especially a public authority.

WHAT RIGHTS DO DATA SUBJECTS HAVE?  They are:  A Right of Subject Access data subject has a right to be supplied by a data controller with the personal data held about him or her. The data controller can charge for this (usually around £10 pounds).  A Right of Correctional data subject may force a data controller to correct any mistakes in the data held about them.  A Right to Prevent Distress data subject may prevent the use of information if it would be likely to cause them distress.  A Right to Prevent Direct Marketing data subject may stop their data being used in attempts to sell them things (eg. by junk mail or cold calling.)  A Right to Prevent Automatic Decisions data subject may specify that they do not want a data user to make "automated" decisions about them where, through points scoring, a computer decides on, for example, a loan application.  A Right of Complaint to the Information Commissioner data subject can ask for the use of their personal data to be reviewed by the Information Commissioner who can enforce a ruling using the DPA. The Commissioner may inspect a controller's computers to help in the investigation.  A Right to Compensation The data subject is entitled to use the law to get compensation for damage caused ("damages") if personal data about them is inaccurate, lost, or disclosed.

THE EXCEPTIONS TO THE RIGHTS  National security  Tax  Crime