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Saturday, April 13, 2013

UK Data Protection Act 1998 .

selective information protection Act 1998

Data protection make was revised in 1998 and was put into force in March of 2000. The new act changes original definitions and meanings and broadens the scope of the original act. There are eight-spot principles again, but these are altered in form from those of the 1984 act.

Only 48% of SMEs have documented procedures in place to ensure compliance. DTI shelter survey 2002.

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Purpose of Act

To protect the rights of individuals in relation to the processing of ain data by either automatic means or within relevant filing systems

Main stakeholders are:

*Data subject

*Data controller

*Data commissioner

Data commissioner duties - Richard Thomas

*promoting good information handling

*encouragement of codes of practice for data controllers

Non compliance

*data controller can be coiffureed to put up compensation

*significant reputation risk

Act has 8 principles

*fairly and lawfully processed;

*processed for limited purposes;

*adequate, relevant and not excessive;

* finished;

*not kept longer than necessary;

*processed in accordance with the data subjects rights;

*secure;

*not transferred to countries without adequate protection

1 jolly and lawfully processed

And at least one of the following

-Consent is given; this cannot be inferred from failure to return a notice of objection; BGTL v data protection registrar 1998

-Relates to performance of a contract

-Vital entertain ie life and death

-Required by art law

-Public interest

-Legal proceedings

-Info used for extend to opportunities and specified by secretary of state

Sensitive or personal data

Racial, governmental sexual trade union membership etc

Confidential info and references

-references for employment or education need not be reveal by referee

-info supplied in confidence to controller which would identify the supplier to the subject need not be disclosed if provider objects.

Automatic decision making

-concern that automated by sole decision order; appraisals, staff selection

-care exercised...

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