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The Data
Protection Act 1998. |
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- 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.
- 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'.
- 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.
- 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.
- 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.
- 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.
- The Data Protection Act 1998 is
subject to transitional periods for
manual records, eligible automated data
and processing personal data without
registration.
- 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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