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DATA PROTECTION ACT

The Data Protection Act 1998 came into effect on 1 March 2000. The Act regulates the use of personal data and gives effect in UK law to the European Directive on Data Protection.

What does the Act cover?
The Act is concerned with “personal data”.

Personal data – is information about living, identifiable individuals. This need not be particularly sensitive information and can be as little as a name and address.

The Act works in two ways – giving individuals (data subjects) certain rights whilst requiring those who record and use personal information (data controllers) to be open about their use of that information and to follow sound and proper practices (the Data Protection Principles).

Data controllers are those who control the purpose for which and the manner in which personal data is processed. This can be any type of company or organisation, large or small, within the public or private sector.

A data controller can also be a sole trader, partnership, or an individual. A data controller need not necessarily own a computer.

Data subjects – are the individuals to whom the personal data relate.

Do I need to notify?
The answer is fairly straightforward: if you hold personal information about living individuals on computer or have such information processed on computer by others (for example, a computer bureau or your accountant), yes – you may well need to notify under the Data Protection Act 1998.

Exemptions from Notification
There are a number of exemptions from notification under the requirements of the Act for individuals and organisations, which make only limited use of personal data.

There is a guide, which gives further information about the duties of business to notify if they keep data and should help you to decide if you need to notify. This can be found at:

http://www.informationcommissioner.gov.uk/etc... or you can download it as a PDF file direct from:

http://www.informationcommissioner.gov.uk/cms/etc...

How do I notify?
There are currently two ways to make an application to notify.

By Post/ Internet
You can complete the notification form on-line, print it and send the form together with the notification fee or your direct debit instruction at: http://www.informationcommissioner.gov.uk/

By telephone
Telephone the notification help line - (01625 545 740) you will be asked to provide your name, address, contact details and to specify the nature of your business. When you receive your form you need to check the details on Part 1, provide some additional information on Part 2, and then return the form together with the annual notification fee, currently £35, or your direct debit instruction.

What happens next?
Your form will be given a preliminary check to ensure that all the relevant information has been provided. You will be notified that your form has been received.

When your notification is added to the register, a copy of your register entry will be sent to you.

 

If you would like to download this document please click on one of the links below:

Data Protection (Word Document Kb)
Data Protection (PDF Document Kb)


Law governs the information and data on people that you can keep.

You may need to notify the information commissioner that you are keeping data

There is a small annual fee to be registered with the information commissioner.