The Data Protection Act (1998) Freedom of Information Act (2000)
The act introduced eight principles to be adhered to when handling data concerning individuals...
Software Source, 26 Jun 2002
The Data Protection Act (1998) - which has begun coming into force but will not be fully implemented until 2004 - introduced eight principles to be adhered to when handling data concerning individuals.
Data must be:
• fairly and lawfully processed;
• processed for limited purposes;
• adequate, relevant and not excessive;
• accurate;
• not kept longer than necessary;
• processed in accordance with the data subject's rights;
• secure;
• not transferred to countries without adequate protection.
The Information Commissioner’s web site (www.dataprotection.gov.uk) makes clear that "personal data covers both facts and opinions about an individual. It also includes information regarding the intentions of the data controller towards the individual, although in some limited circumstances exemptions will apply".
The new legislation replaces the previous act of 1984 and has extended the definition of data processing as well as making it incumbent on companies that process data within their operations to register such activities with the Information Commissioner (cost £35 - and beware of imitations or companies charging more).
Companies that use personal data purely for staff administration, advertising, marketing, public relations or for accounting purposes may not need to register. Check out your own eligibility or otherwise with the Data Protection Notification Handbook, downloadable from the commissioner’s web site.
Freedom of Information Act (2000)
The Freedom of Information Act (2000) requires all public-sector organisations to disclose personal data held on individuals when requested to do so by that individual.
The definition of personal data can information recorded in any format - and there have been cases of internal e-mails, memos and even CCTV footage being requested and released.
The act will be fully in force by November 2005 but is likely to be implemented first by central government bodies.
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