The Data Protection Act 2000
The Act concerns information about individuals, contained in things such as job applications and other documents that may be held by an employer.
The Act’s principles regulate how information is collected, collated, handled, distributed and used.
The Act gives rights to individuals allowing them access to information held about them, and stops them from accessing information held about other people, unless they have a legal reason to see it.
There is also a course of legal action that can be taken when the Act is not adhered to, allowing for compensation.
Many people assume that the Act only applies to computerised information. However, the instruments of the Act also apply to well-structured manual records.
This section looks at the Act’s Key Principles:
- A party cannot disclose data to other parties about a subject, without seeking that subject’s consent first;
- It is an offence for Other Parties to see personal data without being granted consent;
- Data must be used for the exact reason for which it was collected;
- Every individual has the right to access information that is held about them, unless it is held with regards to the prevention or detection of crime;
- The Act prevents personal information being held for any longer than necessary;
- The Act states that information must be updated;
- Personal details must not be distributed outside the European Economic Area. The exception to this rule is when the subject of the data gives consent, or when there is adequate protection for the data;
- Apart from a number of exceptions, (for things like very basic processing and domestic data) all bodies that process personal data must register with the Information Commisioner;
- Anyone keeping personal details are required to have adequate security (firewalls and staff training);
- Subjects can demand that factually incorrect data is corrected.
Rights
The Act has established a series of rights for subjects who have data stored about them. It also creates responsibilities for those who deal with it in anyway. The Act allows a subject to:
- View data for a small fee;
- Request corrections to incorrect data;
- Require data is not used if it can potentially cause damage or distress;
- Require data is not used for direct marketing.
|
