Legalisation Flashcards
What are the 4 acts?
The Data Protection Act (2018) - was 1998 until now
The Computer Misuse Act (1990)
The Copyright, Designs, and Patents Act (1988)
The Freedom of Information Act ( 2000)
What does the data protection act (DPA) set out?
Rules for handling other peoples’ personal data
What does the DPA require?
Every data controller (i.e. every organisation or sole trader) who wants to collect or process personal data must register with the Information Commissioners Office
What does a data controller have to disclose when registering with the Information Commissioners Office?
They have to disclose what type of data they are collecting and why they are collecting it
Give 3 examples of data that has more restrictions placed on the collection of it
Race
Criminal background
Religious beliefs
What are the 3 exemptions of the DPA?
National Security - If required for the purpose of safeguarding national security, the government does not have to disclose what data they are holding about individuals
Crime - Data which is being held in order to prevent or detect a crime does not have to be disclosed
Taxation - any data collected for taxation purposes is exempt
What is the 1st principle, to do with how data is obtained?
Personal data should be obtained and processed fairly and lawfully
What does the 1st principle mean?
You should be told about data which is being collected about you and should be asked for your permission to collect it
You should also be made aware of the reason why the data is to be collected and for what it will be used
What is the 2nd principle, to do with how data is held?
Personal data can be held only for specified and lawful purposes
What does the 2nd principle mean?
The data collector has to state why they want to collect and store information when they apply for permission to be able to do so
If they use the data they have collected for other purposes, they are breaking the law
What is the 3rd principle, to do with how data is collected and then used?
Personal data should be adequate, relevant and not excessive for the required purpose
What does the 3rd principle mean?
Organisations should only collect the data that they need and no more
What is the 4th principle, to do with age of data?
Personal data should be accurate and kept up-to-date
What does the 4th principle mean?
Companies should do their best to make sure that they do not record the wrong facts about a data subject
If a person asks for the information to be changed, the company should comply if it can be proved that the information is indeed incorrect
What is the 5th principle, to do with the time data is held?
Personal data should not be kept for longer than is necessary
What does the 5th principle mean?
Organisations should only keep personal data for a reasonable length of time
What is the 6th principle, to do with how data is processed?
Data must be processed in accordance with the rights of the data subject