The Guide to Data Protection

This Guide explains the purpose and effect of each principle, and gives practical examples to illustrate how the principles apply in practice. The aim of the guide is to answer many frequently asked questions about data protection and to prove a useful source of practical advice to those who have day-to-day responsibility for data protection.>

Data protection basics What does the Data Protection Act cover? Find the answers to some frequently asked questions.

• The role of the Information Commissioner's Office What does the ICO do? How does the ICO enforce the Act? When is it a criminal offence to breach the Act? What are the ICO’s international responsibilities?
• Key definitions of the Data Protection Act Who has rights and obligations under the Data Protection Act? When do you 'process personal data'?
• List of the data protection principles The eight principles to the Data Protection Act.
• Processing personal data fairly and lawfully (Principle 1) What is fair processing? Is it fair to disclose personal data to others? What is a privacy notice?
• Processing personal data for specified purposes (Principle 2) How should you specify your purpose for obtaining personal data? What if your original purpose changes?
• Information standards (Principles 3, 4 and 5) Introduction The amount of personal data you may hold (Principle 3) Keeping personal data accurate and up to date (Principle 4) Retaining personal data (Principle 5) The rights of individuals (Principle 6) What rights do individuals have in relation to the personal data you hold about them?
• Information security (Principle 7) Find out how to decide what approach to take to the security of the personal data you hold. What kind of security measures might be appropriate?
• Sending personal data outside the European Economic Area (Principle 8) Find out if you can send personal data outside the European Economic Area (EEA). What conditions apply to transfers of personal data overseas?
• The conditions for processing What conditions do you need to satisfy before you can process personal data? What purposes can you process personal data for? How important is it to obtain consent?
• The rights of individuals What rights do individuals have in relation to the personal data you hold about them?
• Exemptions What are the exemptions from notification? When can you withhold information from individuals? When can you disclose personal data to third parties?

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