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Data Protection ActData Protection Act

ObjectivesObjectives

By the end of this topic you will be able to:By the end of this topic you will be able to:

Identify the provisions of the 1998 Data Identify the provisions of the 1998 Data Protection ActProtection Act

Identify the responsibilities of data usersIdentify the responsibilities of data users Identify the rights of data subjectsIdentify the rights of data subjects Identify the full and partial exemptions to the Identify the full and partial exemptions to the

actact

ObjectivesObjectives

By the end of this Lesson you will be able By the end of this Lesson you will be able to:to:

Identify the provisions of the 1998 Data Identify the provisions of the 1998 Data Protection ActProtection Act

ALL – Will know why and when it was introducedALL – Will know why and when it was introduced

MOST – Will define 4 of the principles and explainMOST – Will define 4 of the principles and explain

SOME – Will define 8 of the principles and explainSOME – Will define 8 of the principles and explain

The Data Protection ActThe Data Protection Act

WHY was it introduced?WHY was it introduced?

The Data Protection Act grew out of public The Data Protection Act grew out of public concern about personal privacy in the face of concern about personal privacy in the face of rapidly developing computer technology.rapidly developing computer technology.

It works in two ways, giving individuals certain It works in two ways, giving individuals certain rights whilst requiring those who record and use rights whilst requiring those who record and use personal information on computer to be open personal information on computer to be open about that use.about that use.

The Data Protection ActThe Data Protection Act

WHEN was it introduced?WHEN was it introduced?

The Data Protection Act became law on The Data Protection Act became law on 1212thth July 1984 and was updated in 1998 July 1984 and was updated in 1998

It states that anyone processing It states that anyone processing ‘personal ‘personal data’data’ must comply with the must comply with the 88 enforceable enforceable principles of good practice.principles of good practice.

Personal Data – Information about living, identifiable individuals. Personal data do not have to be particularly sensitive information, and can be as little as a name and address

The Data Protection PrinciplesThe Data Protection Principles

Data must be:Data must be:1.1. Fairy and lawfully processedFairy and lawfully processed

2.2. Processed for specified purposesProcessed for specified purposes

3.3. Adequate, relevant and not excessiveAdequate, relevant and not excessive

4.4. Accurate and, where necessary, up to dateAccurate and, where necessary, up to dateProcessing personal data includes collecting, storing, accessing, changing and destroying any information about you.

So this must be done fairly, which means telling the subject why the data is being collected and not obtaining it from third parties

You must notify the Data Protection Commissioner of all intended uses of data and any processing must match one of those uses

Adequate – meeting the requirements of a task.

If someone asks for “Extra” information (for example “Are you married” when booking in to a hotel), just quote Principle 3 when decliningIf details about individuals change then the data kept must be updated so as to be accurate

Quick CheckQuick Check

Question Question (objective - ALL)(objective - ALL)

Why was the data protection act Why was the data protection act introduced?introduced?

AnswerAnswer

Because the public were concerned about Because the public were concerned about personal privacy in the face of rapidly personal privacy in the face of rapidly developing computer technologydeveloping computer technology



When was the data protection act When was the data protection act introduced? And when was it updated?introduced? And when was it updated?

AnswerAnswer

Introduced - 12Introduced - 12thth July 1984 July 1984

Updated - 1998Updated - 1998


QuestionQuestion

What is meant by personal data?What is meant by personal data?

AnswerAnswer

Information about living identifiable Information about living identifiable individualsindividuals


Question Question (objective - MOST)(objective - MOST)

Tell me the first 4 principles of the Data Tell me the first 4 principles of the Data Protection Act?Protection Act?

AnswerAnswer Data must be:Data must be:1.1. FFairy and lawfully processedairy and lawfully processed2.2. PProcessed for specified purposesrocessed for specified purposes3.3. AAdequate, relevant and not excessivedequate, relevant and not excessive4.4. AAccurate and, where necessary, up to dateccurate and, where necessary, up to date

The Data Protection PrinciplesThe Data Protection Principles

Data must be:Data must be:5.5. Not kept longer than necessaryNot kept longer than necessary

6.6. Processed in accordance with the data Processed in accordance with the data subject’s rightssubject’s rights

7.7. SecureSecure

8.8. Not transferred to countries without Not transferred to countries without adequate protectionadequate protection

With regard to retaining data, ask yourself why it needs to be kept beyond a certain date

Data Subjects – the individuals to whom the personal data relateDead persons are not regarded as data subjects

Data subjects can notably ask for copies of data held about them . The data controller has a maximum of 40 days in which to respond. But the data subject is also entitled to compensation if (s)he can prove "substantial damage or substantial distress" as a result of improper use of data, or the failure to stop processing when that has been requested.

Security is crucial – organisations must enforce ‘Appropriate’ technical and organisational measures against unauthorised or unlawful processing of personal data"Appropriate" means that it must be adequate for the nature of the data in question - but also that it must take account of technological advances (for example, forms of encryption).

This has a specific meaning in that it relates to transfers to particular countries, but it also applies nicely to the Web.You can object to having your picture or phone number shown on the web. Without your consent it is illegal.

DefinitionsDefinitions

Personal Data – Information about living, identifiable individuals. Personal data do not have to be particularly sensitive information, and can be as little as a name and address

Data Subjects – The individuals to whom the personal data relate.

DefinitionsDefinitions

Data Controller – Those who control the contents and use of a collection of personal data.

They can be any type of company or organisation

A data controller does not necessarily own a computer


Question Question (objective - Most)(objective - Most)

Tell me the last 4 principles of the Data Tell me the last 4 principles of the Data Protection Act?Protection Act?

AnswerAnswer Data must be:Data must be:5.5. NNot kept longer than necessaryot kept longer than necessary6.6. PProcessed in accordance with the data subject’s rocessed in accordance with the data subject’s

rightsrights7.7. SSecureecure8.8. NNot transferred to countries without adequate ot transferred to countries without adequate

protectionprotection


QuestionQuestion

Define Data Subjects?Define Data Subjects?

AnswerAnswer

The individuals to whom the personal data relate


QuestionQuestion

Define Data Controller?Define Data Controller?

AnswerAnswer

Those who control the contents and use of a collection of personal data

Data ControllersData Controllers

With few exceptions, all data users have to With few exceptions, all data users have to register with the ICO.register with the ICO.

They must give their name and address together They must give their name and address together with broad descriptions of:with broad descriptions of:

The items of data heldThe items of data held The purpose for which the data are heldThe purpose for which the data are held Who will have access to the dataWho will have access to the data The types of organisations to whom the informationThe types of organisations to whom the information

may be disclosed i.e. shown or passed on tomay be disclosed i.e. shown or passed on to Any overseas countries or territories to which the data Any overseas countries or territories to which the data

may be transferred.may be transferred.

Information Commissioner’s Office – Maintains a register of data users, which are publicly available. They also have other duties, like, considering complaints about breaches and prosecuting offenders.

Information Commissioner’s OfficeInformation Commissioner’s Office

The information Commissioner’s Office enforces and oversees the The information Commissioner’s Office enforces and oversees the Data Protection Act 1998 and the Freedom of information Act 2000.Data Protection Act 1998 and the Freedom of information Act 2000.

The Commissioner Office reports annually to Parliament. The Commissioner Office reports annually to Parliament.

They promote good information handling and provide guidelines.They promote good information handling and provide guidelines.

They investigate complaints (act as Ombudsman) and provide helpThey investigate complaints (act as Ombudsman) and provide help

Their mission is to:Their mission is to:

““uphold information rights in the public interest, promoting openness by uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals. We rule on eligible public bodies and data privacy for individuals. We rule on eligible

complaints, give guidance to individuals and organisations, and take complaints, give guidance to individuals and organisations, and take appropriate action when the law is broken”appropriate action when the law is broken”

http://www.ico.gov.uk/about_us.aspx http://www.ico.gov.uk/about_us.aspx

http://www.bbc.co.uk/news/10544520http://www.bbc.co.uk/news/10544520

The Rights of Data SubjectsThe Rights of Data Subjects

Apart from the right to complain to the registrar, Apart from the right to complain to the registrar, data subjects also have a range of rights, these data subjects also have a range of rights, these are:are:

Right to compensation for unauthorised disclosure of Right to compensation for unauthorised disclosure of datadata

Right to compensation for inaccurate dataRight to compensation for inaccurate data Right to access to data and to reply for rectification or Right to access to data and to reply for rectification or

erasure where data are inaccurateerasure where data are inaccurate Right to compensation for unauthorised access, loss Right to compensation for unauthorised access, loss

or destruction of dataor destruction of data

Exemptions from the ActExemptions from the Act

The act does not apply to payroll, pensions and The act does not apply to payroll, pensions and accounts data;accounts data;

Registration may not be necessary when the Registration may not be necessary when the data are for personal, family, household or data are for personal, family, household or recreational use;recreational use;

Subjects do not have a right to access data if the Subjects do not have a right to access data if the sole aim of collecting it is for statistical or sole aim of collecting it is for statistical or research purposes;research purposes;

Exemptions from the ActExemptions from the Act

Data can be disclosed to the data subjects Data can be disclosed to the data subjects agent (e.g. lawyer or accountant);agent (e.g. lawyer or accountant);

Additionally, there are exemptions for Additionally, there are exemptions for special categories, including data held:special categories, including data held:

In connection with national securityIn connection with national security For prevention of crimeFor prevention of crime For the collection of tax or dutyFor the collection of tax or duty

TRUE or FALSETRUE or FALSE

You only have to register with the Data You only have to register with the Data Protection Registrar if you keep sensitive Protection Registrar if you keep sensitive information on computer?information on computer?

FALSEFALSE

The act does not differentiate between sensitive and non The act does not differentiate between sensitive and non sensitive information. Even a simple name and address sensitive information. Even a simple name and address might be sensitive in certain circumstancesmight be sensitive in certain circumstances


Information can be stored on computer and Information can be stored on computer and passed on without my permission?passed on without my permission?

TRUETRUE

Your consent is not required before information is stored Your consent is not required before information is stored or passed on about you. However, the act requires that or passed on about you. However, the act requires that the source of the data (usually you) is properly notified the source of the data (usually you) is properly notified about what is happening to the information when it is about what is happening to the information when it is given.given.


You have to have a computer to be a data You have to have a computer to be a data user?user?

FALSEFALSE

The act defines a data user as the person in The act defines a data user as the person in control of the contents and use of the control of the contents and use of the information being processed, this could mean information being processed, this could mean manual records too.manual records too.


ANYONE who holds and processes ANYONE who holds and processes personal data must comply with the Act?personal data must comply with the Act?

FALSEFALSE

There are exceptions (e.g. payroll, pensions and There are exceptions (e.g. payroll, pensions and accounts data)accounts data)



Why was the data protection act Why was the data protection act introduced?introduced?

AnswerAnswer

Because the public were concerned about Because the public were concerned about personal privacy in the face of rapidly personal privacy in the face of rapidly developing computer technologydeveloping computer technology



When was the data protection act When was the data protection act introduced? And when was it updated?introduced? And when was it updated?

AnswerAnswer

Introduced - 12Introduced - 12thth July 1984 July 1984

Updated - 1998Updated - 1998


Question Question (objective - SOME)(objective - SOME)

Tell me the 8 principles of the Data Protection Act?Tell me the 8 principles of the Data Protection Act?

AnswerAnswer Data must be:Data must be:1.1. FFairy and lawfully processedairy and lawfully processed2.2. PProcessed for specified purposesrocessed for specified purposes3.3. AAdequate, relevant and not excessivedequate, relevant and not excessive4.4. AAccurate and, where necessary, up to dateccurate and, where necessary, up to date5.5. NNot kept longer than necessaryot kept longer than necessary6.6. PProcessed in accordance with the data subject’s rightsrocessed in accordance with the data subject’s rights7.7. SSecureecure8.8. NNot transferred to countries without adequate protectionot transferred to countries without adequate protection

Activity/HomeworkActivity/Homework

Come up with a way of remembering the 8 Come up with a way of remembering the 8 principles of the Data Protection act (not principles of the Data Protection act (not an acronym)an acronym)

FF PP AA AA NN PP SS NN

FFourour

PPeopleeople

AAndnd

AA

NNoisyoisy

PPotatoeotatoe

SSatat

NNearear

FFairy and lawfully processedairy and lawfully processedPProcessed for specified purposesrocessed for specified purposesAAdequate, relevant and not excessivedequate, relevant and not excessiveAAccurate and, where necessary, up to dateccurate and, where necessary, up to dateNNot kept longer than necessaryot kept longer than necessaryPProcessed in accordance with the data subject’s rightsrocessed in accordance with the data subject’s rightsSSecureecureNNot transferred to countries without adequate protectionot transferred to countries without adequate protection

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Technology

answeranswer data

data protection commissioner

data protection actwhy

data protection actwhen

publicthe data protection

personal data information

law onthe data protection

intended uses of data