Outline Of The Data Protection Act And It's Implications Within It.

2485 words - 10 pages

Legal Aspects of Computing - Data ProtectionComputerisation has revolutionised the handling and processing of information to such an extent that the data itself has now become a commodity which processes commercial value and can be traded on the market in the same way as any other commodity. Also increasing use of the Internet, has resulted in a profligate transfer of personal data which may or may not be for commercial purposes. As with all technological advances, the benefits may be many but there will, inevitably, be potential problems.Consider this scenario. I purchase over a number of years books and CDs from a number of shops. The shops get together exchange information and build a picture of my interests. They use this to send me marketing information. Is there anything wrong with this?Development of data protection legislation (Bott et al., 2001)Report of Younger Committee on Privacy, Cmnd 5012White Paper: Computers and Privacy, Cmnd 6353 and Suppl Cmnd 6354Report of Lindop Committee on Data Protection, Cmnd 7341Council of Europe Convention on Protection of Personal DataWhite Paper: Data Protection; the government's proposals for legislation Cmnd 8539Data Protection ActOriginal proposal for a directive on the protection of individual with regard to the processing of personal data COM (90) 314 final -SYN 287 [1990] OJ C 277/3Amended proposal for a directive on the protection of individuals with regard to the processing of personal data COM (92) 422 final - SYN 287 [1982] OJC 311/30Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, [1995] OJL 281/31Data Protection Act1972197519781980198219841990199219951998Comparison of the Terminology and Provisions of the Data Protection Act 1984 and the Data Protection Act 1998Data Protection Act 1984Data Protection Act 1998Data - information recorded in a form in which it can be processed by equipment operating automatically in response to instructions given for that purpose.Personal Data - consisting of information which relates to a living individual who can be identified from that information (includes opinions but excludes intentions).Data User - one who "holds" data, i.e. controls its contents and use.Computer Bureau - one who provides other persons with services in respect of data.Data Subject - an individual who is the subject of personal data.Processing - amending, augmenting, deleting or rearranging the data or extracting the information constituting the data and, in the case of personal data, means performing any of those operations by reference to the data subject.Data Protection RegistrarRegistration - all data users and computer bureaux must register and holding of data by unregistered persons is prohibited.Registration is a prerequisite for application of the other provisions of the Act. Data - as 1984 Act plus data which form part of a relevant filing system...

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