Data Protection

The Data Protection Act 1998, which replaced the 1984 Act, received Royal assent on 16th July 1998 and came fully into force in 1999.  The Act provides the regulations for the processing of personal data relating to individuals, including the obtaining, holding, use or disclosure of such information.  It also gives rights to individuals about whom information may be recorded.  This applies to all individuals whether they are an employee, elected member or a member of the public.  Each individual has the right to:

• Access personal data held about them;
• Have inaccuracies corrected;
• Prevent processing likely to cause damage or distress;
• Prevent processing for the purposes of direct marketing.

NOTE: some information may be exempt from disclosure.  The Act places obligations on those who record and use personal data (Data Controllers).  They must be open about the use of such personal data through Notification to the Information Commissioner, and they must follow sound and proper practices by applying the Data Protection Principles.  Individuals also have rights in relation to automated decision taking.  They may take action for compensation if they suffer damage caused by any contravention of the Act by the data controller to rectify, block, erase or destroy inaccurate data.  They may also make a request to the Data Protection Commissioner for an assessment to be made of the data controller if they feel that the Act has been contravened.  A copy of the Act can be viewed at the Office for Public Sector Information website.

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Data Protection Act 1998

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