Data Protection Act

The Data Protection Act

The Data Protection Act 1998 came into force on 1 March 2000.

There are eight Data Protection Principles within the Act, and all of the Principles apply to all data controllers.

Whilst Data Controllers must comply with all principles, the Fourth Principle is one of the most relevant to consider when processing personal information. The Fourth Principle states that Information should be

  • Accurate and up to date

The Data Protection Act gives individuals the right to know what information is held about them, and it provides a framework to ensure that personal information is handled properly.

The Act works in two ways. Firstly, it states that anyone who processes personal information must comply with eight principles, which make sure that personal information is:-

  • Fairly and lawfully processed
  • Processed for limited purposes
  • Adequate, relevant and not excessive
  • Accurate and up to date
  • Not kept for longer than is necessary
  • Processed in line with your rights
  • Secure
  • Not transferred to other countries without adequate protection

The second area covered by the Act provides individuals with important rights, including the right to find out what personal information is held on computer and most paper records.

Should an individual or organisation feel they're being denied access to personal information they're entitled to, or feel their information has not been handled according to the eight principles, they can ask the Information Commissioner to help. Complaints are usually dealt with informally, but if this isn't possible, enforcement action can be taken.

Download copy of the Data Protection Act
Link to The Information Commissions Website

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