Data protection Act 1998
What is the data protection act?
The need for the data protection act.
The purpose of the Data Protection Act
The 1998 Data Protection Act was passed by Parliament to control the way information is handled and to give legal rights to people who have information stored about them.
Other European Union countries have passed similar laws as often information is held in more than one country.
How the Data Protection Act works
The data protection act was developed to give protection and lay down rules about how data about people can be used.
The 1998 Act covers infomation or data stored on a computer or an organised paper filing system about living people.
The basic way it works is by:
- setting up rules that people have to follow
- having an Information Commissioner to enforce the rules
The roles of those involved
- The Information Commissioner is the person (and his/her office) who has powers to enforce the Act.
- A data controller is a person or company that collects and keeps data about people.
- A data subject is someone who has data about them stored somewhere, outside of their direct control. For example, a bank stores its customers' names, addresses and phone numbers. This makes us all data subjects as there can be few people in the UK who do not feature in computer records somewhere.
Registration with the Information Commissioner
Any organisation or person who needs to store personal information must apply to register with the Information Commissioner.
Data controllers must declare what information will be stored and how it will be used in advance. This is recorded in the register.
Each entry in the register contains:
- The data controller's name and address.
- A description of the information to be stored.
- What they are going to use the information for.
- Whether the data controller plans to pass on the information to other people or organisations.
- Whether the data controller will transfer the information outside the UK.
- Details of how the data controller will keep the information safe and secure.