Data protection legal requirement
Is data protection a legal requirement?
Yes, a data controller has a legal responsibility to follow the eight principles of the Data Protection Act, which are listed below:
- Principle 1: fair and lawful
- Principle 2: purposes
- Principle 3: adequacy
- Principle 4: accuracy
- Principle 5: retention
- Principle 6: rights
- Principle 7: security
- Principle 8: international
Then followed some explanations of each principle:
- Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless –
(a) at least one of the conditions in Schedule 2 is met, and
(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
- Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
- Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
- Personal data shall be accurate and, where necessary, kept up to date.
- Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
- Personal data shall be processed in accordance with the rights of data subjects under this Act.
- Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
- Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
You can also search the titles below to learn more
- Data protection: The Data Protection Act - GOV.UK
- Data Protection Act 1998 – legislation
- Personal Data Protection Act Overview
- Guide to data protection | ICO
- Data Protection Acts 1988 and 2003: Informal Consolidation - Data Protection Commissioner – Ireland
- What the EU's new data protection laws mean for UK industry
- BBC - GCSE Bitesize: The need for the Data Protection Act
- Data Protection Law - HG.org
- Federal Data Protection Act - Gesetze im Internet