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Thinking of ... Data Protection?
Do the data protection regulations governing the use of personal data, which seem to spawning a wealth of newspaper and magazine articles on privacy and extra boxes to tick on forms, apply to you and/or your business - the chances are yes they do ... here are some commonly asked questions ...
- What is Personal Data? ... Personal data is the type of information which is covered by the regulations and is basically any information by which you can identify an individual (e.g. your name and postcode, an e-mail address, a sole traders name and business address).
- What do I need to be doing with the personal data for the regulations to apply to me? I'm not selling it to anyone! ... If you are "processing" personal data you must comply with the principles set out in the regulations. “Processing” is very widely defined and covers obtaining, recording or holding the information as well as, among other things, organising, using, consulting and disclosing the information.
- But I don’t have a computer ... even if the data you hold is not on computer but on a manual filing system it will be covered by the regulations from 24 October 2001 unless it falls within very limited exemptions giving further transitional relief until 23 October 2007.
- I hear talk about "being registered" or " notification", what is this all about and who do I need to notify? ... If you process personal data you should already have registered or notified, as it is now called. Notification needs to be given to a specially set up Data Protection Commission which is headed up by the Information Commissioner. It involves filing in some forms and paying an annual fee.
- What's this I hear about letting people see what my files say about them? ... Subject to a few exemptions, all individuals now have the right on written request and enclosing the prescribed fee to receive certain information about and copies of the personal data which you hold.
- I hold more than just names and addresses of some individuals….what about my employees, their files contain lots of information on them? ... If you hold sensitive personal data (e.g. information on an individual’s racial or ethnic origin, trade union membership, physical or mental health) further more stringent requirements must be complied with.
These are some of the commonly asked questions on the complex issue of data protection. For further advice on all aspects of data protection ask any of our team.
