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Data protection Act 1998 Data protection act was revised in 1998 and was put into force in March of 2000 The new act changes original definitions and meanings and broadens the scope of the original act There are eight principles again but these are altered in form from those of the 1984 act Only 48 of SMEs have documented procedures in place to ensure compliance DTI security survey 2002 Purpose of Act To protect the rights of individuals in relation to the processing of personal data by either automatic means or within relevant filing systems Main stakeholders are Data subject Data controller Data commissioner Data commissioner duties - Richard Thomas promoting good information handling encouragement of codes of practice for data controllers Non compliance data controller can be ordered to pay compensation significant reputation risk Act has 8 principles fairly and lawfully processed processed for limited purposes adequate relevant and not excessive accurate not kept longer than necessary processed in accordance with the data subjects rights secure not transferred to countries without adequate protection 1 Fairly and lawfully processed And at least one of the following -Consent is given this cannot be inferred from failure to return a notice of objection BGTL v data protection registrar 1998 -Relates to performance of a contract -Vital interest ie life and death -Required by employment law -Public interest -Legal proceedings -Info used for equal opportunities and specified by secretary of state Sensitive or personal data Racial political sexual trade union membership etc Confidential info and references -references for employment or education need not be disclosed by referee -info supplied in confidence to controller which would identify the provider to the subject need not be disclosed if provider objects Automatic decision making -concern that automated by sole decision method appraisals staff selection -care exercised if personal data is input -court can make a data controller who has not complied with this section
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