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The Data Protection Act 1998.

  1. The data protection principles under the Data Protection Act 1998 mirror the principles under the Data Protection Act 1984 ; except that the original second and third principles are combined to form the new second data protection principle and a new eighth protection principle is introduced. The new eighth protection principle is concerned about the transfer of personal data to a country outside the European Economic Area.
  2. Unlike the Data Protection Act 1984 , the 1998 Act not only covers computerised records but also covers manual records that fall within the definition of a 'relevant filing system'.
  3. The definition of processing under the Data Protection Act 1998 is wider than the definition of processing under the Data Protection 1984. For example, the definition now covers holding information or data.
  4. As a general rule, a data subject is entitled upon written request to a data controller to be informed if data about them is being processed, the source of the data, a description of the data and a copy of the information in an intelligible form, etc.
  5. An employee or job applicant can give written notice to their employer or prospective employer at any time, requiring them to ensure that no decision is taken by them or on their behalf that significantly affects that job applicant, based solely on an automated decision.
  6. An application to be a registered data user under the Data Protection Act 1984 that was received by the Information Commissioner (formerly called the Data Protection Commissioner) before the notification requirements of the Data Protection Act 1998 came into force, will be determined in accordance with the old data protection principles and the 1984 Act.
  7. The Data Protection Act 1998 is subject to transitional periods for manual records, eligible automated data and processing personal data without registration.
  8. It is a criminal offence for a data controller to process personal data unless an entry in respect of that data controller is included in the registrar maintained by the Information Commissioner. However, there are some exceptions to this rule.

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