[NCBI_ECDL_class] data protection notes etc
- From: "Joe Lonergan" <joelonergan25@xxxxxxxxxx>
- To: <ncbi_ecdl_class@xxxxxxxxxxxxx>
- Date: Thu, 10 Jun 2010 22:16:36 +0100
Data protection act
The Data Protection Act (1998)
Because of the increasing amount of personal data that was being collected the
Data Protection Act was passed in 1984. It was updated in 1998 because of the
increasing use of computers to store and distribute the data.
The Data Protection Act is there to protect you - not businesses.
It is there to ensure that data which is collected about you is collected, used
and stored properly.
Data Protection Terms
Here are some terms which you need to understand and remember:
Personal Data
Personal data covers both facts and opinions about a living individual. Facts
would include name, address, date of birth, marital status or current bank
balance. Results in examinations, details of driving offences, record of
medicine prescribed and financial credit rating are further examples of facts
that could relate to an individual.
Data Subject
This is the person that the data is being collected from or stored about. This
could be you!
Data User
This is any person who needs to access or use the data as part of their job.
This could be a secretary who needs to look up your address so that they can
send a letter home to your parents. It could be your doctor who needs to know
what allergies you have before prescribing you medicine.
Data Controller
This is often the person in charge of the organisation - but it doesn't
necessarily have to be.
This person decides what data the organisation needs to collect and what it
will be used for.
This is the person who must apply for permission to collect and store data in
the first place.
Data Commissioner
This is the person who enforces the Data Protection Act.
This is the person that organisations need to apply to in order to gain
permission to collect and store personal data.
10. Eight principles
Data Controllers must ensure that their organisation follows the eight
principles of the Data Protection Act when dealing with personal data.
It is unlikely that you will be asked to know all 8 principles by heart, but
you must have an understanding of them and be able to discuss at least three of
four of them.
The Eight Principles
Principle
What it means
Personal data should be obtained and processed fairly and lawfully
This means that you should be told that data is being collected about you,
and you should know what the data will be used for.
Personal data can be held only for specified and lawful purposes
The Data Controller has to state why they want to collect and store
information when they apply for permission to be able to do so. If they use the
data they have collected for other purposes, they are breaking the law.
Personal data should be adequate, relevant and not excessive for the
required purpose
Organisations should only collect the data that they need and no more.
Your school needs to know your parent's phone number in case they need to
contact them in an emergency. However, they do not need to know what your
grandmother's name is, nor do they need to know your eye co lour. They should
not ask, nor should they store such details since this would be excessive and
would not be required to help with your education.
Personal data should be accurate and kept up-to-date
Companies should do their best to make sure that they do not record the
wrong facts about a data subject. Your school probably asks your parents to
check a form once a year to make sure that the phone number and address on the
school system is still correct.If a person asks for the information to be
changed, the company should comply if it can be proved that the information is
indeed incorrect.
Personal data should not be kept for longer than is necessary
Organisations should only keep personal data for a reasonable length of
time. Hospitals might need to keep patient records for 25 years or more, that
is acceptable since they may need that information to treat an illness later
on. However, there is no need for a personnel department to keep the
application forms of unsuccessful job applicants.
Data must be processed in accordance with the rights of the data subject
People have the right to inspect the information held on them (except in
certain circumstance - see later). If the data being held on them is incorrect,
they have the right to have it changed.
Appropriate security measures must be taken against unauthorised access
This means information has to be kept safe from hackers and employees who
don't have rights to see it. Data must also be safeguarded against accidental
loss.
Personal data cannot be transferred to countries outside the E.U. unless
the country has similar legislation to the D.P.A.
This means that if a company wishes to share data with an organisation in
a different country, that country must have similar laws to our Data Protection
Act in place.
Personal data covers both facts and opinions about a living individual. Facts
would include name, address, date of birth, marital status or current bank
balance. Results in examinations, details of driving offences, record of
medicine prescribed and financial credit rating are further examples of facts
that could relate to an individual.
Data Subject
This is the person that the data is being collected from or stored about. This
could be you!
Data User
This is any person who needs to access or use the data as part of their job.
This could be a secretary who needs to look up your address so that they can
send a letter home to your parents. It could be your doctor who needs to know
what allergies you have before prescribing you medicine.
Data Controller
This is often the person in charge of the organisation - but it doesn't
necessarily have to be.
This person decides what data the organisation needs to collect and what it
will be used for.
This is the person who must apply for permission to collect and store data in
the first place.
Data Commissioner
This is the person who enforces the Data Protection Act.
This is the person that organisations need to apply to in order to gain
permission to collect and store personal data.
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