Explain in brief the enforcement of Data Protection. [#26]

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IPR & Cyber Laws
(Question Bank)
[Unit – II]

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Basic Principles of Design Rights:
• If the Information Commissioner finds that the DPA has been
breached by a DC, he serves an enforcement notice on DC.
• The notice identifies the breach or commission, and specifies how
to correct it.
 Failure to comply is an offence.
 However, a DC may appeal it the DP tribunal.
 With the approval of the director of Public Prosecutions, legal
proceedings may follow, which could result is a fine.
Enforcement Data Protection Act In Media:
• The DPA has special provision for journalism, and artistic or
literary purposes.
 Basically, journalists may hold personal data for journalistic
purposes only if the data are necessary to reconcile the rights
to privacy with the rules governing freedom of expression.
• So, investigable journalists & political satirists or commentators
are not treated as Data Controllers.
• Enforcement Data protection in internet.
• The UK/EU legislation seems fairly strong. But can trans-border
transfer of data.