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DPA > DPA_11-MISCELLANEOUS PROVISIONS > Flashcards

DPA_11-MISCELLANEOUS PROVISIONS Flashcards

1
Q

What is the main focus of PART XI of the Data Protection Act?

A

It addresses miscellaneous provisions related to the enforcement and implementation of the Act.

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2
Q

What constitutes an offence under subsection (1) of Section 72?

A

A data controller disclosing personal data without lawful excuse in a manner incompatible with its purpose.

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3
Q

What is the penalty for unlawful disclosure of personal data?

A

The Act specifies penalties for data controllers and processors who unlawfully disclose personal data.

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4
Q

What does subsection (2) of Section 72 state regarding data processors?

A

A data processor commits an offence if they disclose personal data without the prior authority of the data controller.

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5
Q

What is the purpose of Section 73 in PART XI?

A

It outlines general penalties for offences committed under the Act.

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6
Q

What is the significance of codes and guidelines mentioned in Section 74?

A

They provide standards and best practices for data protection compliance.

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7
Q

How does the Act address the issue of consequential amendments?

A

It allows for necessary amendments to other laws to ensure consistency with the Data Protection Act.

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8
Q

What is the role of the Data Protection Commissioner in enforcing the Act?

A

The Commissioner oversees compliance and can take action against violations of the Act.

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9
Q

What is the importance of having miscellaneous provisions in the Act?

A

They ensure comprehensive coverage of various aspects of data protection and enforcement.

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10
Q

What does the term “general penalty” refer to in the context of the Act?

A

It refers to the penalties that may be imposed for various offences under the Data Protection Act.

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11
Q

How does the Act ensure accountability for data controllers and processors?

A

By establishing clear offences and penalties for non-compliance with data protection principles.

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12
Q

What is the potential impact of the provisions in PART XI on data subjects?

A

They enhance the protection of data subjects’ rights and provide recourse in case of violations.

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13
Q

What is the relationship between the Data Protection Act and existing laws?

A

The Act may necessitate amendments to existing laws to align with its provisions and objectives.

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14
Q

How does the Act promote transparency in data processing?

A

By requiring data controllers and processors to adhere to established codes and guidelines.

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15
Q

What is the significance of the term “unlawful excuse” in the context of the Act?

A

It refers to a lack of legitimate justification for disclosing personal data in violation of the Act.

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16
Q

What is the consequence of a data controller failing to comply with the Act?

A

They may face legal penalties as specified in the Act.

17
Q

What does Section 72(3) address regarding personal data?

A

It outlines offences related to the unlawful disclosure of personal data.

18
Q

What is the role of the Data Protection Commissioner in relation to offences?

A

The Commissioner can investigate and enforce penalties for violations of the Act.

19
Q

How does the Act define “personal data”?

A

Personal data is any information that relates to an identified or identifiable individual.

20
Q

What is the purpose of establishing codes of conduct under Section 74?

A

To provide a framework for compliance and best practices in data protection.

21
Q

What does Section 73 specify about penalties?

A

It allows for the imposition of penalties for various offences under the Act.

22
Q

What is the significance of “lawful excuse” in the context of data disclosure?

A

It refers to a valid reason for disclosing personal data without breaching the Act.

23
Q

How does the Act ensure that data subjects are informed of their rights?

A

By mandating transparency and accountability from data controllers and processors.

24
Q

What is the potential impact of non-compliance with the Data Protection Act?

A

It can lead to legal action, fines, and damage to reputation for organizations.

25
Q

What does the term “data processor” refer to in the Act?

A

A data processor is an entity that processes personal data on behalf of a data controller.

26
Q

What is the importance of maintaining records of data processing activities?

A

It helps demonstrate compliance with the Data Protection Act and accountability.

27
Q

How does the Act address the sharing of personal data between organizations?

A

It requires adherence to data protection principles and lawful processing.

28
Q

What is the role of public awareness in the enforcement of the Act?

A

It empowers individuals to understand their rights and seek recourse for violations.

29
Q

What does the Act say about the retention of personal data?

A

Personal data should not be retained longer than necessary for the purposes for which it was collected.

30
Q

How does the Act promote data security?

A

By requiring data controllers and processors to implement appropriate technical and organizational measures.

31
Q

What is the significance of “data subject rights” in the Act?

A

They empower individuals to control their personal data and seek redress for violations.

32
Q

What does the Act require regarding consent for processing personal data?

A

Consent must be informed, specific, and freely given by the data subject.

33
Q

How does the Act facilitate international data transfers?

A

It sets out conditions under which personal data can be transferred outside the jurisdiction.

34
Q

What is the role of audits in ensuring compliance with the Data Protection Act?

A

Audits help assess adherence to data protection principles and identify areas for improvement.

35
Q

What is the significance of the term “data breach” in the context of the Act?

A

A data breach refers to unauthorized access to or disclosure of personal data, which must be reported.

DPA (20 decks)

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