Data Protection Act 1988 and Data Protection Amendment

Data Protection Act 1988 and Data Protection (Amendment) Act 2003 Next Slide

Purpose § These acts aim to protect the privacy rights of individuals with regard to personal data held about them. § Data Protection Act 1988 only covered data held electronically, but the 2003 amendment broadens the scope to include both electronically and manually. § Data kept for the purpose of preventing, detecting or investigating offences or apprehending or prosecuting offenders is exempt from the conditions of the act. Hence under these acts one cannot see what files the Garda Síochána have on you. Previous Slide Next Slide

Data controller The person, who is responsible for the storage of data in the business in question. Other workers may have access to the data, but the controller must give his approval. Previous Slide Next Slide

Personal data Data relating to an individual from which he can be identified. Joe Bloggs got 400 points in his Leaving Cert. Previous Slide Next Slide

Data subject An individual about whom the personal data is kept. Previous Slide Next Slide

Data Processor A person, who processes personal data on behalf of a data controller in another business, but does not include an employee of a data controller, who processes such data in the course of his employment for his own firm. Previous Slide Next Slide

Rights of the Data Subject § Right to be informed § Right to establish the existence of personal data § Right of access to your files § Right to have Incorrect Information removed or corrected § Right to compensation § Automated decisions § Direct mailing lists Previous Slide Next Slide

Obligations of a Data Controller § Information must be obtained and processed fairly, accurately and lawfully. § Data only to be used for the purpose(s) for which it has been collected. § Data must be up to date and only keep for as long as it is relevant. § All data must be kept securely. Previous Slide Next Slide

Obligations of a Data Controller (Continued) § If a data controller receives data from another data controller he is obliged to inform the data subject involved about the data he now holds and the name of the original data controller. § If the firm is of a certain category, the data controller must register it with the Data Protection Commissioner. Previous Slide Next Slide

Registration The following types of companies must register with the Data Protection Commissioner: § Public sector bodies § Financial institutions § Insurance companies § Direct marketing businesses § Internet access providers § Telecommunications providers § Firms that offers credit references or collect debts § Firms that keeps data regarding racial or ethnic origin, political opinions, religious or other beliefs, membership of a trade union, physical or mental health, sexual life or criminal convictions. Previous Slide Next Slide

Role Data Protection Commissioner § Deals with complaints in relation to this act. § Oversees the enforcement of the Data Protection Acts. § Oversees the register of Data Controllers. § Outlines codes of practice for dealing with data. Previous Slide Next Slide

Data Protection Act 1988 and Data Protection (Amendment) Act 2003 The end Previous Slide