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Date Protection And Freedom Of Information Notes

LPC Law Notes > Commercial and IP Notes

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A more recent version of these Date Protection And Freedom Of Information notes – written by Cambridge And Oxilp And College Of Law students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our Commercial and IP Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Elective: Commercial & IP Law

Intellectual Property Rights Data Protection Data Protection Scheme
? Data Protection Act 1998
? Protection of individual privacy! Relates to the handling of private information
? 2 Objectives: a) Allow individuals access to information held about them b) Protect information about individuals from being disclosed improperly
? The date controller becomes responsible [i.e. he has a DUTY] for the data subject from the firms moment of dealing with any personal information that could identify the data subject as a living individual.
? Personal Data = 2 limb test: a) Is the information biographical in a significant sense?
b) Does the information have the individual as its focus, rather than other persons or matters. Is the DPA applicable:

S.4(4) / Schedule 1: 8 Principles of Good Information Handling Practice
[Must be complied with by anyone processing personal information]

Schedule 2

a) b) c) d) e)

Data subject must be a living individual There is data The data is personal Some processing is involved At least one precondition for processing within Schedule 2 is met f) The data is processed in accordance with all relevant data protection principles in Schedule 1

1. Fairly and lawfully processed (need at least 1 of 6 conditions from Schedule 2)

2. Processed for limited purposes

3. Adequate, relevant and not excessive

4. Accurate and up-to-date

5. Not kept longer than necessary

6. Processed in accordance with individual's rights

7. Secure

8. Not transferred to countries outside EEA unless adequate protection Schedule 2 - 6 conditions for fair processing (must show 1): o o o o

1 individual has consented to processing processing necessary for contract with individual processing required under a legal obligation processing necessary to protect vital interests of individual

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