1. Data Protection Act 1988 and Data Protection (Amendment) Act 2003
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2. Purpose
These acts aim to protect the privacy rights of individuals with regard to personal data held about them.
Data Protection Act 1988 only covered data held electronically, but the 2003 amendment broadens the scope to include both electronically and manually.
Data kept for the purpose of preventing, detecting or investigating offences or apprehending or prosecuting offenders is exempt from the conditions of the act. Hence under these acts one cannot see what files the Garda Síochána have on you.
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3. Data controller
The person, who is responsible for the storage of data in the business in question.
Other workers may have access to the data, but the controller must give his approval.
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4. Joe Bloggs got 400 points in his Leaving Cert.
Personal data
Data relating to an individual from which he can be identified.
Joe Bloggs got 400 points in his Leaving Cert.
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5. Data subject An individual about whom the personal data is kept.
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6. Data Processor
A person, who processes personal data on behalf of a data controller in another business, but does not include an employee of a data controller, who processes such data in the course of his employment for his own firm.
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7. Rights of the Data Subject
Right to be informed
Right to establish the existence of personal data
Right of access to your files
Right to have Incorrect Information removed or corrected
Right to compensation
Automated decisions
Direct mailing lists
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8. Obligations of a Data Controller
Information must be obtained and processed fairly, accurately and lawfully.
Data only to be used for the purpose(s) for which it has been collected.
Data must be up to date and only keep for as long as it is relevant.
All data must be kept securely.
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9. Obligations of a Data Controller (Continued)
If a data controller receives data from another data controller he is obliged to inform the data subject involved about the data he now holds and the name of the original data controller.
If the firm is of a certain category, the data controller must register it with the Data Protection Commissioner.
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10. Registration
The following types of companies must register with the Data Protection Commissioner:
Public sector bodies
Financial institutions
Insurance companies
Direct marketing businesses
Internet access providers
Telecommunications providers
Firms that offers credit references or collect debts
Firms that keeps data regarding racial or ethnic origin, political opinions, religious or other beliefs, membership of a trade union, physical or mental health, sexual life or criminal convictions.
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11. Role Data Protection Commissioner
Deals with complaints in relation to this act.
Oversees the enforcement of the Data Protection Acts.
Oversees the register of Data Controllers.
Outlines codes of practice for dealing with data.
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12. Data Protection Act 1988 and Data Protection (Amendment) Act 2003
The end
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