Font Size

Data Protection Act 1998

 By

Lawdit Solicitors - Expert Author

Legal Articles
Submit Articles   Back to Articles

If you are seeking relief under the Data Protection Act 1998. Under s.4 (4) of the Act it is the
duty of a data controller to comply with the data protection principles in relation to all
personal data with respect to which he is the data controller.

"Personal data" is defined in s.1(1) as meaning:

"data which relate to a living individual who can be identified—

(a) from those data, or

(b) from those data and other information which is in the possession of, or is likely to come
into the possession of, the data controller,

and includes any expression of opinion about the individual and any indication of the intentions
of the data controller or any other person in respect of the individual"

The data protection principles referred to in s.4 (4) are those set out in Part 1 of Schedule 1.

“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."

There is no further guidance in the Act as to what is meant by lawfully but Part II of Schedule 1
sets out various tests for determining whether personal data is processed fairly within the
meaning of the first principle. So far as relevant, paragraphs 1 and 2 provide that:

"1

(1) In determining for the purposes of the first principle whether personal data are processed
fairly, regard is to be had to the method by which they are obtained, including in particular
whether any person from whom they are obtained is deceived or misled as to the purpose or purposes
for which they are to be processed.

….

2

(1) Subject to paragraph 3, for the purposes of the first principle personal data are not to
be treated as processed fairly unless—

(a) in the case of data obtained from the data subject, the data controller ensures so far as
practicable that the data subject has, is provided with, or has made readily available to him, the
information specified in sub-paragraph (3), and

(b) in any other case, the data controller ensures so far as practicable that, before the relevant
time or as soon as practicable after that time, the data subject has, is provided with, or has
made readily available to him, the information specified in sub-paragraph (3).

(2) In sub-paragraph (1)(b) "the relevant time" means—

(a) the time when the data controller first processes the data, or

(b) in a case where at that time disclosure to a third party within a reasonable period is
envisaged—

(i) if the data are in fact disclosed to such a person within that period, the time when the data
are first disclosed,

(ii) if within that period the data controller becomes, or ought to become, aware that the data
are unlikely to be disclosed to such a person within that period, the time when the data
controller does become, or ought to become, so aware, or

(iii) in any other case, the end of that period.

(3) The information referred to in sub-paragraph (1) is as follows, namely—

(a) the identity of the data controller,

(b) if he has nominated a representative for the purposes of this Act, the identity of that
representative,

(c) the purpose or purposes for which the data are intended to be processed, and

(d) any further information which is necessary, having regard to the specific circumstances in
which the data are or are to be processed, to enable processing in respect of the data subject to
be fair."

So far as relevant "sensitive personal data" is defined in s.2 as:

"personal data consisting of information as to—

(a) the racial or ethnic origin of the data subject

…..

(e) his physical or mental health or condition,

….."

Michael Coyle


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



Follow us @Scopulus_News

Article Published/Sorted/Amended on Scopulus 2006-04-18 22:39:42 in Legal Articles

All Articles

Copyright © 2004-2020 Scopulus Limited. All rights reserved.