In the s, with more and more organisations using digital technology to store and process personal information, there was a danger this information could be misused. The Data Protection Act of was designed to tackle this issue.
Individuals who had data stored about them Data Subjects had several concerns:. The Data Protection Act aims to safeguard all information held about an individual classified as personal e. The act ensures data stored about you is processed fairly and lawfully.The Data Protection Act 1998
For example, there are strict rules as to who can access and alter your health records. Regular checks are made to ensure that the rules of the Data Protection Act are being followed.
Principles of the Data Protection Act:. Data Protection Act In the s, with more and more organisations using digital technology to store and process personal information, there was a danger this information could be misused. Individuals who had data stored about them Data Subjects had several concerns: Who could access this information? How accurate was the information? Could it be easily copied?
Was it possible to store information about a person without that individual's knowledge or permission? Principles of the Data Protection Act: Data must be collected and used fairly and inside the law Data must only be held and used for the reasons given to the Information Commissioner Data can only be used for those registered purposes. You cannot give it away or sell it unless you said you would initially. For example, your school could not sell pupils' data to a book or uniform supplier without permission The data held must be acceptable, appropriate and not beyond what is necessary when compared with the purpose for which the data is held Data must be accurate and be kept up to date.
For example, making sure data subjects' contact numbers are current Data must not be kept longer than is necessary. This rule means that it would be wrong to keep information about past customers longer than a few years at most Data must be kept safe and secure, for example, personal data should not be left open to be viewed by just anyone Data may not be transferred outside of the European Economic Area that's the EU plus some small European countries unless the country where the data is being sent has a suitable and similar data protection law.
This part of the Data Protection Act has led to some countries passing compatible laws to allow computer data centres to be located in their jurisdiction.The Data Protection Act c. It enacted the EU Data Protection Directive 's provisions on the protection, processing and movement of data. Under the DPAindividuals had legal rights to control information about themselves. Most of the Act did not apply to domestic use,  for example keeping a personal address book.
Anyone holding personal data for other purposes was legally obliged to comply with this Act, subject to some exemptions. The Act defined eight data protection principles to ensure that information was processed lawfully. The GDPR regulates the collection, storage, and use of personal data significantly more strictly. The Privacy and Electronic Communications EC Directive Regulations altered the consent requirement for most electronic marketing to "positive consent" such as an opt-in box.
Exemptions remain for the marketing of "similar products and services" to existing customers and enquirers, which can still be given permission on an opt out basis. The Jersey data protection law was modelled on the United Kingdoms law.
Section 1 defines "personal data" as any data that can be used to identify a living individual. Anonymised or aggregated data is less regulated by the Act, providing the anonymisation or aggregation has not been done in a reversible way.
Individuals can be identified by various means including their name and address, telephone number or email address. The Act applies only to data which is held, or intended to be held, on computers 'equipment operating automatically in response to instructions given for that purpose'or held in a 'relevant filing system'.
In some cases paper records may be classified as a 'relevant filing system', such as an address book or a salesperson's diary used to support commercial activities. The Freedom of Information Act modified the act for public bodies and authorities, and the Durant case modified the interpretation of the act by providing case law and precedent.
A person who has their data processed has the following rights:  . Personal data should only be processed fairly and lawfully. In order for data to be classed as 'fairly processed', at least one of these six conditions must be applicable to that data Schedule 2. Except under the below mentioned exceptions, the individual needs to consent to the collection of their personal information and its use in the purpose s in question.
However, non-communication should not be interpreted as consent. Additionally, consent should be appropriate to the age and capacity of the individual and other circumstances of the case.
Although in most cases consent lasts for as long as the personal data needs to be processed, individuals may be able to withdraw their consent, depending on the nature of the consent and the circumstances in which the personal information is being collected and used. The Data Protection Act also specifies that sensitive personal data must be processed according to a stricter set of conditions, in particular any consent must be explicit. The Act is structured such that all processing of personal data is covered by the act, while providing a number of exceptions in Part IV.
The Act details a number of civil and criminal offences for which data controllers may be liable if a data controller has failed to gain appropriate consent from a data subject. However, 'consent' is not specifically defined in the Act and so is a common law matter.
Many companies, organisations and individuals seem very unsure of the aims, content and principles of the Act. Some hide behind the Act and refuse to provide even very basic, publicly available material quoting the Act as a restriction.In the UK the principles of data protection, the responsibilities of data controllers, and the rights of data subjects are now governed by the Data Protection Actwhich came into force on 1 March As compared to the Data Protection Actthe Act extends the operation of protection beyond computer storage, replaces the system of registration with one of notification, and demands that the level of description by data controllers under the new Act is more general than the detailed coding system previously required.
Under the Act, the eight principles of data protection are: 1 The information to be contained in personal data shall be obtained, and personal data shall be processed, fairly and lawfully.
Data controllers must now notify their processing of data unless they are exempt with the Information Commissioner by completing and returning a notification form this can now be done online. Notification is renewable annually; a data controller who fails to notify his or her processing of data, or any changes that have been made since notification, commits a criminal offence. Subjects: Social sciences — Business and Management.
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Sign in to annotate. Delete Cancel Save. Cancel Save.Under the DPA, personal data must be:. Non-compliance can result in an enforcement notice preventing your business from processing data, effectively preventing many businesses from operating, together with significant fines.
Furthermore, the officers of your company, the managers and directors, can be held personally criminally liable for non-compliance. You should establish a data protection policy in your business to ensure your legal obligations are met. The policy should take into account the particular personal data needs of the business as well as the way it processes this information. The policy should also address areas where personal and sensitive data i.
The law aside, it also makes good business sense to have a policy as:. Every day individuals contact the Information Commissioner to enquire about the way their information is handled.
The Information Commissioner can also be asked to assess whether particular processing is likely or unlikely to comply with the DPA. First, Second or Third Name. Job Title. Phone Number. Search on BDB. BDB Pitmans. Share on Linkedin Share on Twitter. This article was originally published by Pitmans LLP in Under the DPA, personal data must be: fairly and lawfully processed; processed for specified purposes; adequate, relevant and not excessive; accurate and, where necessary, kept up to date; not kept for longer than is necessary; processed in line with the rights of the individual; kept secure; and not transferred to countries outside the EEA unless the information is adequately protected.
Solutions You should establish a data protection policy in your business to ensure your legal obligations are met. What to do now?
Data Protection Act 1998 - A Summary of the 8 Guiding Principles
Ensure your organisation is notified with the Information Commissioner; Review, or write, your data protection policy; Ensure that you hold no more personal data than is necessary for the business activities that you perform; Establish procedures for staff to follow when processing personal data. Contact the team Make a quick online enquiry.The main intent is to protect individuals against misuse or abuse of information about them.
The DPA was first composed in and was updated in The text of DPA contains six major sections called Parts, followed by 16 explanatory notes called Schedules.
The Parts outline the basic rights of data subjects, methods in which data may be handled by those who possess it, special exemptions and modes of enforcement. The Schedules explain the Parts in greater detail and elaborate on diverse contingencies and legal interpretations.
Please check the box if you want to proceed. Risk assessment is the identification of hazards that could negatively impact an organization's ability to conduct business. Risk management is the process of identifying, assessing and controlling threats to an organization's capital and earnings. Tokenization is the process of replacing sensitive data with unique identification symbols that retain all the essential Incident response is an organized approach to addressing and managing the aftermath of a security breach or cyberattack, also Protected health information PHIalso referred to as personal health information, generally refers to demographic information, Telemedicine is the remote delivery of healthcare services, such as health assessments or consultations, over the Disaster recovery as a service DRaaS is the replication and hosting of physical or virtual servers by a third party to provide Cloud disaster recovery cloud DR is a combination of strategies and services intended to back up data, applications and other A storage area network SAN is a dedicated high-speed network or subnetwork that interconnects and presents shared pools of A Fibre Channel switch is a networking device that is compatible with the Fibre Channel FC protocol and designed for use in a The fundamental principles of DPA specify that personal data must: be processed fairly and lawfully.
Data Protection Act? Meeting the standards can be a challenge, and even though all companies should be compliant, some aren't. Get information on the regulation's eight principles and learn how to comply. Data Protection Act of and the minimum every organization should do in terms of data storage and protection to comply. This was last updated in January Related Terms framework In general, a framework is a real or conceptual structure intended to serve as a support or guide for the building of something Login Forgot your password?
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This happened in Search Compliance risk assessment Risk assessment is the identification of hazards that could negatively impact an organization's ability to conduct business. Search Security tokenization Tokenization is the process of replacing sensitive data with unique identification symbols that retain all the essential Search Health IT protected health information PHI or personal health information Protected health information PHIalso referred to as personal health information, generally refers to demographic information, Ultimate storage area network guide A storage area network SAN is a dedicated high-speed network or subnetwork that interconnects and presents shared pools ofRepresenting the world's widest-reaching set of regulations, in terms of the number of states involved, and one of its strictest, GDPR effects every single business operating within its scope.
However, given that these laws are not retroactively applied to new cases, any incidents involving the misuse or theft of data that occurred before 23 May the implementation date of DPA will be scrutinised under the law. As the new rules are in their infancy, it's likely that any new data breach reports shared to authorities will relate to incidents that took place prior to GDPR being implemented, in some cases years before.
It's therefore important that businesses understand the articles of the older law and what changes have been made since that act, particularly as the definitions of what constitutes data processing have evolved. So what was the scope of the Data Protection Actand how much has changed in terms of compliance? Below we've provided a brief history of data laws in the UK and the ways in which they may still influence your decisions when it comes to handling a data breach.
The Data Protection Act was the law governing the processing of personal data by all organisations, be they public or private, including charities. All data breaches in the UK are investigated by the Information Commissioner's Office ICO and the same was true then, although the act provided guidelines for the type of penalty that could be applied if someone was found to have been in contravention of the rules.
The Data Protection Act regulated the use and protection of personal data, and outlined the responsibilities a business had to protect that data. It was amended in to give individuals more control over digital marketing communications they receive, meaning they must opt-in to receive emails, SMS text messages etc from an organisation if they've never had contact with it before.
According to data protection principlesand previous regulations, personal data is defined as information related to an individual that can be used either in isolation or in tandem with other data sources, to reveal that individual's identity.
If there is such pre-existing data held by a data controllerthen personal data also encompasses information that may come under this entity's possession. This also included expressions of opinion about that person and any intention the data controller or another individual may have in regards to them. The DPA also provided protection for sensitive personal data, which was defined as information relating to a person's racial or ethnic origin, political and religious or similar beliefs, membership of a trade union, physical and mental health, sex life, any criminal charges or allegations against them, and any proceedings against them such as a court case or a prison sentence.
The DPA defined possession of data as that which resided in a machine or on paper in a readable, accessible way. Regarding paper forms of information, the ICO classified paper filing systems as individuals' records being held in a "systematic, structured way" that provided easy access to those individuals' information.
Data was also classified as "accessible records" covering health or education. While this information wasn't necessarily held in a structured, easily accessible way, it was important enough that the DPA stipulated it should still be protected.
Data controllers' "data processing" activities were also subject to the DPA's rules.
What is the Data Protection Act, and how does it affect my business?
Processing was a very broad term covering plenty of things, but was thought of as relating to every interaction had with personal data. As the ICO noted, almost any activity concerning data would constitute processing.
There were a number of penalties and processes available to the ICO when it came to taking action on data protection. The most material impact was perhaps the possibility of a fine. As of Aprilthe ICO was able to issue penalties of up tofor offences taking place on or after that date, although the maximum fine was only ever imposed once against Facebook during the Cambridge Analytica scandal. It was also able to lay out processes an organisation should have undertaken in order to improve its data protection posture, and was able to conduct audits to ensure compliance these could have been consensual or, if necessary, compulsory.
If a breach occurred, in addition to the possibility of afine, the ICO was able to prosecute anyone it believed had committed a criminal offence under the act. After 20 years, UK data protection regulations received an overhaul following Royal Assent on 23 May. The new Data Protection Act modernises the UK's data protection framework to account for the value of people's personal data today, offering people stronger rights over what others can do with their data, and requiring companies to gain people's consent to use their information.
Generally, most provisions under the act have been strengthened, requiring far more from organisations when it comes to seeking consent and holding data for longer than necessary. When it comes to processing data, companies are now required to make efforts to be transparent, which was not necessarily required under the act.
It's also far more difficult to collect data under the act, as it needs to have an explicit purpose. What specific data could be collected was also up for interpretation under the act, as organisations could use it provided it wasn't deemed "excessive" compared to its original purpose. Under the act, processing is limited to only that data considered relevant. It refers to an individual who is the subject of personal data. It means a person who individually or with a group of other people decides how and why any personal data is or will be processed.
Centralised secrets management across hybrid, multi-cloud environments. The endpoint as a key element of your security infrastructure. The role of IT asset management for maximising technology investments. Politicians need to stop talking about technology.The Data Protection Act was an act of Parliament designed to protect personal data stored on computers or in organised paper filing systems.
The 8 principles of the Act guided its purpose and the data protection policies of organisations. At its core, the DPA has eight principles which were used by organisations to design their own data protection policies.
Complying with these was essential for organisations to meet their obligations. Personal data should be controlled and processed lawfully and fairly in relation to individuals. A Fair Processing Notice is included in the Act, which requires the controller to notify the subject of the following information:.
The first data protection principle gave individuals the right for their personal data to be processed fairly and lawfully by any organisation. Personal data should only be obtained if it will be used for a lawful purpose. It should not be processed for any means incompatible with the purpose. The second data protection principle placed a specific obligation on the controller to only use personal data for a lawful and justifiable purpose.
Data Protection Act 1998
Personal data should only be adequate to the purpose it will be used for. It must not be excessive to the purpose it will be used.
The third data protection principle placed an obligation on the controller to only collect the minimum amount of information required.
Personal data should be accurate and up to date.
U.K. Data Protection Act 1998 (DPA 1998)
If personal data becomes inaccurate, it can no longer be used for the purpose. The fourth data protection principle demanded the controller only collect, store and keep accurate information on the individual.
Personal data should not be kept longer than it is needed for. Personal data cannot be stored indefinitely until such a time it may serve a purpose.
The fifth data protection principle placed a limit on the amount of time the controller can keep personal information on the individual. Personal data should be processed in accordance with the rights of individuals. The following rights are mentioned in the legislation:. The sixth data protection principle gave individuals the right to choose how their personal data would be used. People now had a say in how organisations who held data about them used that data in their activities.
The Act specifically states that controllers must adopt measures to prevent the following:. The seventh data protection principle placed a legal obligation on the controller to secure data against unauthorised or unlawful processing and against accidental loss or destruction. Personal data should not be transferred outside the EU unless the country it is being transferred to can ensure adequate protection of the data in order to maintain the rights and freedoms of data subjects and their personal data.
The eighth data protection principle requires the controller to inform the individual of their intent to transfer their data overseas and to ensure the country it is being transferred to can adequately protect the data under their own laws.
Now that the Data Protection Act has been replaced by the Data Protection Acta comparison can be made between the two Acts. A new accountability principle features here, making it the legal obligation of the organisation to comply with the other principles — and being able to prove this compliance through the creation of documented policies that must be produced on demand.
This is one of the biggest differences between the two Acts. As you can see, the principles are markedly similar to those of the Data Protection Actalthough the legislation behind them is very different and individuals rights around the processing of their data being enhanced. Under the DPAthey only had powers to pursue the controller for infringement.