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Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
Dataprotectionactnew13 12-11-111213033116-phpapp02
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Dataprotectionactnew13 12-11-111213033116-phpapp02

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  • 1. Data Protection ActData Protection Act
  • 2. ObjectivesObjectives By the end of this topic you will be able to:By the end of this topic you will be able to:  Identify the provisions of the 1998 DataIdentify the provisions of the 1998 Data Protection ActProtection Act  Identify the responsibilities of data usersIdentify the responsibilities of data users  Identify the rights of data subjectsIdentify the rights of data subjects  Identify the full and partial exemptions to theIdentify the full and partial exemptions to the actact
  • 3. ObjectivesObjectives By the end of this Lesson you will be ableBy the end of this Lesson you will be able to:to:  Identify the provisions of the 1998 DataIdentify the provisions of the 1998 Data Protection ActProtection Act ALL – Will know why and when it was introducedALL – Will know why and when it was introduced MOST – Will define 4 of the principles and explainMOST – Will define 4 of the principles and explain SOME – Will define 8 of the principles and explainSOME – Will define 8 of the principles and explain
  • 4. The Data Protection ActThe Data Protection Act WHY was it introduced?WHY was it introduced? The Data Protection Act grew out of publicThe Data Protection Act grew out of public concern about personal privacy in the face ofconcern about personal privacy in the face of rapidly developing computer technology.rapidly developing computer technology. It works in two ways, giving individuals certainIt works in two ways, giving individuals certain rights whilst requiring those who record and userights whilst requiring those who record and use personal information on computer to be openpersonal information on computer to be open about that use.about that use.
  • 5. The Data Protection ActThe Data Protection Act WHEN was it introduced?WHEN was it introduced? The Data Protection Act became law onThe Data Protection Act became law on 1212thth July 1984 and was updated in 1998July 1984 and was updated in 1998 It states that anyone processingIt states that anyone processing ‘personal‘personal data’data’ must comply with themust comply with the 88 enforceableenforceable principles of good practice.principles of good practice. Personal Data – Information about living, identifiable individuals. Personal data do not have to be particularly sensitive information, and can be as little as a name and address
  • 6. The Data Protection PrinciplesThe Data Protection Principles Data must be:Data must be: 1.1. Fairy and lawfully processedFairy and lawfully processed 2.2. Processed for specified purposesProcessed for specified purposes 3.3. Adequate, relevant and not excessiveAdequate, relevant and not excessive 4.4. Accurate and, where necessary, up to dateAccurate and, where necessary, up to date Processing personal data includes collecting, storing, accessing, changing and destroying any information about you. So this must be done fairly, which means telling the subject why the data is being collected and not obtaining it from third parties You must notify the Data Protection Commissioner of all intended uses of data and any processing must match one of those uses Adequate – meeting the requirements of a task. If someone asks for “Extra” information (for example “Are you married” when booking in to a hotel), just quote Principle 3 when declining If details about individuals change then the data kept must be updated so as to be accurate
  • 7. Quick CheckQuick Check QuestionQuestion (objective - ALL)(objective - ALL) Why was the data protection actWhy was the data protection act introduced?introduced? AnswerAnswer Because the public were concerned aboutBecause the public were concerned about personal privacy in the face of rapidlypersonal privacy in the face of rapidly developing computer technologydeveloping computer technology
  • 8. Quick CheckQuick Check QuestionQuestion (objective - ALL)(objective - ALL) When was the data protection actWhen was the data protection act introduced? And when was it updated?introduced? And when was it updated? AnswerAnswer Introduced - 12Introduced - 12thth July 1984July 1984 Updated - 1998Updated - 1998
  • 9. Quick CheckQuick Check QuestionQuestion What is meant by personal data?What is meant by personal data? AnswerAnswer Information about living identifiableInformation about living identifiable individualsindividuals
  • 10. Quick CheckQuick Check QuestionQuestion (objective - MOST)(objective - MOST) Tell me the first 4 principles of the DataTell me the first 4 principles of the Data Protection Act?Protection Act? AnswerAnswer  Data must be:Data must be: 1.1. FFairy and lawfully processedairy and lawfully processed 2.2. PProcessed for specified purposesrocessed for specified purposes 3.3. AAdequate, relevant and not excessivedequate, relevant and not excessive 4.4. AAccurate and, where necessary, up to dateccurate and, where necessary, up to date
  • 11. The Data Protection PrinciplesThe Data Protection Principles Data must be:Data must be: 5.5. Not kept longer than necessaryNot kept longer than necessary 6.6. Processed in accordance with the dataProcessed in accordance with the data subject’s rightssubject’s rights 7.7. SecureSecure 8.8. Not transferred to countries withoutNot transferred to countries without adequate protectionadequate protection With regard to retaining data, ask yourself why it needs to be kept beyond a certain date Data Subjects – the individuals to whom the personal data relate Dead persons are not regarded as data subjects Data subjects can notably ask for copies of data held about them . The data controller has a maximum of 40 days in which to respond. But the data subject is also entitled to compensation if (s)he can prove "substantial damage or substantial distress" as a result of improper use of data, or the failure to stop processing when that has been requested. Security is crucial – organisations must enforce ‘Appropriate’ technical and organisational measures against unauthorised or unlawful processing of personal data "Appropriate" means that it must be adequate for the nature of the data in question - but also that it must take account of technological advances (for example, forms of encryption). This has a specific meaning in that it relates to transfers to particular countries, but it also applies nicely to the Web. You can object to having your picture or phone number shown on the web. Without your consent it is illegal.
  • 12. DefinitionsDefinitions Personal Data – Information about living, identifiable individuals. Personal data do not have to be particularly sensitive information, and can be as little as a name and address Data Subjects – The individuals to whom the personal data relate.
  • 13. DefinitionsDefinitions Data Controller – Those who control the contents and use of a collection of personal data.  They can be any type of company or organisation  A data controller does not necessarily own a computer
  • 14. Quick CheckQuick Check QuestionQuestion (objective - Most)(objective - Most) Tell me the last 4 principles of the DataTell me the last 4 principles of the Data Protection Act?Protection Act? AnswerAnswer  Data must be:Data must be: 5.5. NNot kept longer than necessaryot kept longer than necessary 6.6. PProcessed in accordance with the data subject’srocessed in accordance with the data subject’s rightsrights 7.7. SSecureecure 8.8. NNot transferred to countries without adequateot transferred to countries without adequate protectionprotection
  • 15. Quick CheckQuick Check QuestionQuestion Define Data Subjects?Define Data Subjects? AnswerAnswer The individuals to whom the personal data relate
  • 16. Quick CheckQuick Check QuestionQuestion Define Data Controller?Define Data Controller? AnswerAnswer Those who control the contents and use of a collection of personal data
  • 17. Data ControllersData Controllers With few exceptions, all data users have toWith few exceptions, all data users have to register with the ICO.register with the ICO. They must give their name and address togetherThey must give their name and address together with broad descriptions of:with broad descriptions of:  The items of data heldThe items of data held  The purpose for which the data are heldThe purpose for which the data are held  Who will have access to the dataWho will have access to the data  The types of organisations to whom the informationThe types of organisations to whom the information may be disclosed i.e. shown or passed on tomay be disclosed i.e. shown or passed on to  Any overseas countries or territories to which the dataAny overseas countries or territories to which the data may be transferred.may be transferred. Information Commissioner’s Office – Maintains a register of data users, which are publicly available. They also have other duties, like, considering complaints about breaches and prosecuting offenders.
  • 18. Information Commissioner’s OfficeInformation Commissioner’s Office The information Commissioner’s Office enforces and oversees theThe information Commissioner’s Office enforces and oversees the Data Protection Act 1998 and the Freedom of information Act 2000.Data Protection Act 1998 and the Freedom of information Act 2000. The Commissioner Office reports annually to Parliament.The Commissioner Office reports annually to Parliament. They promote good information handling and provide guidelines.They promote good information handling and provide guidelines. They investigate complaints (act as Ombudsman) and provide helpThey investigate complaints (act as Ombudsman) and provide help Their mission is to:Their mission is to: ““uphold information rights in the public interest, promoting openness byuphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals. We rule on eligiblepublic bodies and data privacy for individuals. We rule on eligible complaints, give guidance to individuals and organisations, and takecomplaints, give guidance to individuals and organisations, and take appropriate action when the law is broken”appropriate action when the law is broken” http://www.ico.gov.uk/about_us.aspxhttp://www.ico.gov.uk/about_us.aspx
  • 19. http://www.bbc.co.uk/news/10544520http://www.bbc.co.uk/news/10544520
  • 20. The Rights of Data SubjectsThe Rights of Data Subjects Apart from the right to complain to the registrar,Apart from the right to complain to the registrar, data subjects also have a range of rights, thesedata subjects also have a range of rights, these are:are:  Right to compensation for unauthorised disclosure ofRight to compensation for unauthorised disclosure of datadata  Right to compensation for inaccurate dataRight to compensation for inaccurate data  Right to access to data and to reply for rectification orRight to access to data and to reply for rectification or erasure where data are inaccurateerasure where data are inaccurate  Right to compensation for unauthorised access, lossRight to compensation for unauthorised access, loss or destruction of dataor destruction of data
  • 21. Exemptions from the ActExemptions from the Act The act does not apply to payroll, pensions andThe act does not apply to payroll, pensions and accounts data;accounts data; Registration may not be necessary when theRegistration may not be necessary when the data are for personal, family, household ordata are for personal, family, household or recreational use;recreational use; Subjects do not have a right to access data if theSubjects do not have a right to access data if the sole aim of collecting it is for statistical orsole aim of collecting it is for statistical or research purposes;research purposes;
  • 22. Exemptions from the ActExemptions from the Act Data can be disclosed to the data subjectsData can be disclosed to the data subjects agent (e.g. lawyer or accountant);agent (e.g. lawyer or accountant); Additionally, there are exemptions forAdditionally, there are exemptions for special categories, including data held:special categories, including data held:  In connection with national securityIn connection with national security  For prevention of crimeFor prevention of crime  For the collection of tax or dutyFor the collection of tax or duty
  • 23. TRUE or FALSETRUE or FALSE You only have to register with the DataYou only have to register with the Data Protection Registrar if you keep sensitiveProtection Registrar if you keep sensitive information on computer?information on computer? FALSEFALSE The act does not differentiate between sensitive and nonThe act does not differentiate between sensitive and non sensitive information. Even a simple name and addresssensitive information. Even a simple name and address might be sensitive in certain circumstancesmight be sensitive in certain circumstances
  • 24. TRUE or FALSETRUE or FALSE Information can be stored on computer andInformation can be stored on computer and passed on without my permission?passed on without my permission? TRUETRUE Your consent is not required before information is storedYour consent is not required before information is stored or passed on about you. However, the act requires thator passed on about you. However, the act requires that the source of the data (usually you) is properly notifiedthe source of the data (usually you) is properly notified about what is happening to the information when it isabout what is happening to the information when it is given.given.
  • 25. TRUE or FALSETRUE or FALSE You have to have a computer to be a dataYou have to have a computer to be a data user?user? FALSEFALSE The act defines a data user as the person inThe act defines a data user as the person in control of the contents and use of thecontrol of the contents and use of the information being processed, this could meaninformation being processed, this could mean manual records too.manual records too.
  • 26. TRUE or FALSETRUE or FALSE ANYONE who holds and processesANYONE who holds and processes personal data must comply with the Act?personal data must comply with the Act? FALSEFALSE There are exceptions (e.g. payroll, pensions andThere are exceptions (e.g. payroll, pensions and accounts data)accounts data)
  • 27. Quick CheckQuick Check QuestionQuestion (objective - ALL)(objective - ALL) Why was the data protection actWhy was the data protection act introduced?introduced? AnswerAnswer Because the public were concerned aboutBecause the public were concerned about personal privacy in the face of rapidlypersonal privacy in the face of rapidly developing computer technologydeveloping computer technology
  • 28. Quick CheckQuick Check QuestionQuestion (objective - ALL)(objective - ALL) When was the data protection actWhen was the data protection act introduced? And when was it updated?introduced? And when was it updated? AnswerAnswer Introduced - 12Introduced - 12thth July 1984July 1984 Updated - 1998Updated - 1998
  • 29. Quick CheckQuick Check QuestionQuestion (objective - SOME)(objective - SOME) Tell me the 8 principles of the Data Protection Act?Tell me the 8 principles of the Data Protection Act? AnswerAnswer  Data must be:Data must be: 1.1. FFairy and lawfully processedairy and lawfully processed 2.2. PProcessed for specified purposesrocessed for specified purposes 3.3. AAdequate, relevant and not excessivedequate, relevant and not excessive 4.4. AAccurate and, where necessary, up to dateccurate and, where necessary, up to date 5.5. NNot kept longer than necessaryot kept longer than necessary 6.6. PProcessed in accordance with the data subject’s rightsrocessed in accordance with the data subject’s rights 7.7. SSecureecure 8.8. NNot transferred to countries without adequate protectionot transferred to countries without adequate protection
  • 30. Activity/HomeworkActivity/Homework Come up with a way of remembering the 8Come up with a way of remembering the 8 principles of the Data Protection act (notprinciples of the Data Protection act (not an acronym)an acronym) FF PP AA AA NN PP SS NN
  • 31. FFourour PPeopleeople AAndnd AA NNoisyoisy PPotatoeotatoe SSatat NNearear FFairy and lawfully processedairy and lawfully processed PProcessed for specified purposesrocessed for specified purposes AAdequate, relevant and not excessivedequate, relevant and not excessive AAccurate and, where necessary, up to dateccurate and, where necessary, up to date NNot kept longer than necessaryot kept longer than necessary PProcessed in accordance with the data subject’s rightsrocessed in accordance with the data subject’s rights SSecureecure NNot transferred to countries without adequate protectionot transferred to countries without adequate protection

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