Data Protection Act 1998

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Data Protection Act 1998

• GCSE Revision

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What is the Data Protection Act?

• An act passed by parliament in 1998
• To lay down rules about the how information is
  handled
• To give legal rights to people who have
  information stored about them
• Usually applies to data stored on a computer
• Only applies to living people

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Why was the DPA brought in?

• Computers are more powerful and can store huge
  amounts of data
• Computers are used to store personal data
• Computers are used for fast, easy searching
• Information can be shared more easily
• Data can be misused more easily, eg copied,
  changed, viewed and accessed without permission

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What is personal data?
A living persons

• Name
• Address
• Medical details
• Banking details
• Sensitive personal data includes racial origins,
  political opinions, religion, health, criminal
  activity, sexual life

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Who is Involved?

• The Information Commissioner the person who has
  the powers to enforce the DPA
• A Data Controller a person or company that
  collects and keeps data about people
• A Data Subject someone who has data about them
  stored somewhere outside their control

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Responsibilities of the Data Controller

• To ensure that personal data

• is collected fairly and inside the law
• only be held and used for reasons given to
  Information Commissioner
• cannot be sold or given away unless prior
  permission was given by the data subject
• is adequate, relevant and not excessive

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Responsibilities of the Data Controller
To ensure that personal data

• Must be accurate and up to date
• Must not be kept for longer than necessary
• Must be kept safe and secure
• Must not be transferred outside EEA unless
  country has suitable DP law

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The Rights of Data Subjects
The right to

• subject access
• correction
• prevent distress
• prevent direct marketing
• prevent automatic decisions
• complain to Information commissioner
• compensation

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What data is exempt?

• Complete exemptions
• Data held for national security e.g. by MI5 or
  MI6
• Data held for domestic purposes e.g. a list of
  friends names, birthdays, address book

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What data is exempt?

• Partial exemptions
• Police/taxman can withhold information to prevent
  fraud or other crimes
• Health data can be withheld if its in the data
  subjects best interest
• School data e.g. personal files and exam results
• Data can be kept indefinitely for research
• Journalistic and academic data can be kept (if
  its in the public interest)
• Employment references
• Business related information

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The End