Data protection

Topic Index
Overview
Data protection principles
Rights of individuals
Subject access requests
Remedies
Notification
Powers of the Information Commissioner
Employment Practices Data Protection Code
Resources

Overview

 

  • Personal data held on computers or in manual records is regulated by the Data Protection Act 1998 (DPA).
  • The DPA controls how personal data is stored and used and it provides powers to ensure that the people in control of personal data comply with the law.
  • In the context of employment, the DPA applies to any data that employers might collect and retain about individuals who wish to, have worked or currently work for them.
  • All organisations must comply with the 8 data protection principles.
  • A distinction is made between personal data and sensitive personal data.
  • Personal data relates to an individual – the 'data subject' – who can be identified from that data.
  • Sensitive personal data is personal data containing information on: race or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health, sex life, or the commission or alleged commission of a criminal offence.
  • The Information Commissioner can issue substantial fines - civil monetary penalties - against data controllers for deliberate or reckless breaches of data protection law.
  • In 2018 significant changes will be made to the UK regime of data protection by the EU General Data Protection Regulation.
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