'Data protection Act 1998 Essay\r'

'The discipline tribute come 1998 (DPA) is a coupled Kingdom fiddle of Parliament which defines UK businesseousness on the processing of selective information on identifiable breathing people. It is the main rear of edict that governs the protection of individualised selective information in the UK. Although the trifle itself does non celebrate privacy, it was enacted to bring UK law into line with the EU selective information protection fillive of 1995 which compulsory Member States to protect people’s fundamental rights and freedoms and in particular their right to privacy with respect to the processing of own(prenominal) entropy. In practice it provides a charge for individuals to control information about themselves.\r\n almost of the Act does not apply to domestic help use, for warning cargo holding a personal address book. Anyone holding personal data for other purposes is legally obliged to keep abreast with this Act, overthrow to some exempti ons. The Act defines octette data protection principles. It also requires companies and individuals to keep personal information to themselves. The 22 prideful 1998 Act replaced and consolidated earlier command such as the Data Protection Act 1984 and the Access to Personal Files Act 1987. At the same time it aimed to hold the European Data Protection Directive. In some aspects, notably electronic conversation and marketing, it has been refined by subsequent legislation for legal reasons. The Privacy and Electronic communications (EC Directive) Regulations 2003 altered the apply requirement for roughly electronic marketing to â€Å"positive consent” such as an opt in box. Exemptions remain for the marketing of â€Å"similar products and go” to existing customers and enquirers, which gutter still be permissioned on an opt out basis.\r\nThe Act’s definition of â€Å"personal data” covers any data that can be used to identify a living individual. A nonymised or aggregated data is not regulated by the Act, providing the anonymisation or appeal has not been done in a reversible way. Individuals can be set by various means including their image and address, telephone number or netmail address. The Act applies only to data which is held, or intended to be held, on computers (‘equipment operate automatically in response to book of instructions given for that purpose’), or held in a ‘relevant filing schema’. [3]\r\nIn some carapaces even a paper address book can be classified as a ‘relevant filing system’, for example diaries used to support commercial activities such as a salesperson’s diary.\r\nThe Freedom of Information Act 2000 change the act for public bodies and authorities, and the Durant case modified the interpretation of the act by providing case law and precedent.[4]\r\nThe Data Protection Act creates rights for those who have their data stored, and responsibilities for those who store, process or transmit such data. The person who has their data processed has the right to: [5]\r\nView the data an organisation holds on them. A ‘subject access request’ can be obtained for a nominal fee. As of January 2014, the supreme fee is £2 for requests to credit type agencies, £50 for health and educational request, and £10 per individual otherwise, [6] Request that incorrect information be corrected. If the company ignores the request, a hail can order the data to be corrected or destroyed, and in some cases compensation can be awarded. pray that data is not used in any way that may potentially cause damage or distress. desire that their data is not used for direct marketing.\r\n'