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Data Protection Act

 

The Data Protection Act lays down a number of legal obligations for organisations to follow, including notifying the Information Commissioner that you are processing information, processing personal information in accordance with it's eight principles, and answering any subject requests received from individuals.

The Act's 8 principles provide a framework which all organisations in the UK must follow if they process any personal data.

These are:

  1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless -
    (a) at least one of the conditions in Schedule 2 is met, and
    (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
  2. 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.
  3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
  4. Personal data shall be accurate and, where necessary, kept up to date.
  5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
  6. Personal data shall be processed in accordance with the rights of data subjects under this Act.
  7. 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.
  8. Personal data shall not be transferred to a country or territory outside the European Economic Area 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.


Do I need to Register under the Data Protection Act? Print E-mail

One of the most frequent questions we get asked is whether an organisation needs to notify the Information Commissioners Office (ICO) and register under the Data Protection Act.

As the ICO's website makes clear - "Notification is a statutory requirement and every organisation that processes personal information must notify the Information Commissioner's Office, unless they are exempt. Failure to notify is a criminal offence."

Read more...