Data Protection Act 1984
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Data Protection Act 1984
The Data Protection Act 1998 (DPA, c. 29) was an Act of Parliament of the United Kingdom designed to protect personal data stored on computers or in an organised paper filing system. It enacted provisions from the European Union (EU) Data Protection Directive 1995 on the protection, processing, and movement of data. Under the 1998 DPA, individuals had legal rights to control information about themselves. Most of the Act did not apply to domestic use,''Data Protection Act 1998''Part IV (Exemptions), Section 36, Office of Public Sector Information, accessed 6 September 2007 such as keeping a personal address book. Anyone holding personal data for other purposes was legally obliged to comply with this Act, subject to some exemptions. The Act defined eight data protection principles to ensure that information was processed lawfully. It was superseded by the Data Protection Act 2018 (DPA 2018) on 23 May 2018. The DPA 2018 supplements the EU General Data Protection Regulation (GDPR), ...
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Data Protection Act 1984
The Data Protection Act 1998 (DPA, c. 29) was an Act of Parliament of the United Kingdom designed to protect personal data stored on computers or in an organised paper filing system. It enacted provisions from the European Union (EU) Data Protection Directive 1995 on the protection, processing, and movement of data. Under the 1998 DPA, individuals had legal rights to control information about themselves. Most of the Act did not apply to domestic use,''Data Protection Act 1998''Part IV (Exemptions), Section 36, Office of Public Sector Information, accessed 6 September 2007 such as keeping a personal address book. Anyone holding personal data for other purposes was legally obliged to comply with this Act, subject to some exemptions. The Act defined eight data protection principles to ensure that information was processed lawfully. It was superseded by the Data Protection Act 2018 (DPA 2018) on 23 May 2018. The DPA 2018 supplements the EU General Data Protection Regulation (GDPR), ...
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European Economic Area
The European Economic Area (EEA) was established via the ''Agreement on the European Economic Area'', an international agreement which enables the extension of the European Union's single market to member states of the European Free Trade Association. The EEA links the EU member states and three EFTA states (Iceland, Liechtenstein, and Norway) into an internal market governed by the same basic rules. These rules aim to enable free movement of persons, goods, services, and capital within the European single market, including the freedom to choose residence in any country within this area. The EEA was established on 1 January 1994 upon entry into force of the EEA Agreement. The contracting parties are the EU, its member states, and Iceland, Liechtenstein, and Norway. The EEA Treaty is a commercial treaty and differs from the EU Treaties in certain key respects. According to Article 1 its purpose is to "promote a continuous and balanced strengthening of trade and economic relati ...
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Durant V Financial Services Authority
is a judicial decision of the English Court of Appeal in relation to the provisions of the Data Protection Act 1998. The case is one of the leading appellate decisions in relation to the application of that Act. Facts Mr Durant had been a customer of Barclays Bank Barclays () is a British multinational universal bank, headquartered in London, England. Barclays operates as two divisions, Barclays UK and Barclays International, supported by a service company, Barclays Execution Services. Barclays traces .... There was litigation between Mr Durant and the bank in 1993, which he lost. Subsequently, he has sought disclosure of various records in connection with the dispute giving rise to that litigation, records which, the Court of Appeal recorded "he believes may assist him to re-open his claims against it and/or to secure an investigation of its conduct". In about July or August 2000, he sought the assistance of the Financial Services Authority (the "FSA") to obtain t ...
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Smith V Lloyds TSB Bank Plc
was a judicial decision of the English High Court relating to the Data Protection Act 1998. The claimant was seeking data from the bank, and he sought to advance two relatively novel lines of argument. The first was referred to in the case as the "once processed always processed" argument, i.e. that even if the respondent no longer held the data in electronic form, if they once held it in electronic form they are obligated to provide it. The second was that if data was held in a non-electronic form but could readily be turned into electronic form, then it constituted data for the purposes of the act. Both arguments failed. Facts The claimant, Mr Smith, was the former managing director and controlling shareholder of a company called Display Electronics Ltd (referred to in the judgment as "DEL"). At some time in 1988, Mr Smith decided to transfer the banking for DEL from Barclays Bank Plc to Lloyds Bank. At that time DEL owed Barclays over £250,000. An agreement was ent ...
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List Of UK Government Data Losses
The following is a list of UK government data losses. It lists reported instances of the loss of personal data by UK central and local government, agencies, non-departmental public bodies, etc., whether directly or indirectly because of the actions of private-sector contractors. Such losses tend to receive widespread media coverage in the UK. {{DEFAULTSORT:UK government data losses United Kingdom politics-related lists ...
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Gaskin V United Kingdom
{{Use British English, date=January 2013 ''Gaskin v UK'' (1989) 12 EHRR 36 was a legal case from the United Kingdom, heard by the European Court of Human Rights in Strasbourg. Facts Graham Gaskin was placed in public care in the UK as a baby, where he stayed until he reached his majority. Gaskin claimed he had been abused during his time in care and he requested access to the records kept on him by Liverpool Liverpool is a city and metropolitan borough in Merseyside, England. With a population of in 2019, it is the 10th largest English district by population and its metropolitan area is the fifth largest in the United Kingdom, with a popul ... Social Services. Liverpool City Council gave Gaskin partial access, claiming that a duty of confidentiality owed to third party contributors prohibited disclosure of the remainder of his records. Gaskin appealed to the Court of Appeal which upheld Liverpool City Council's refusal to give him access. The Court of Appeal held tha ...
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Data Privacy
Information privacy is the relationship between the collection and dissemination of data, technology, the public expectation of privacy, contextual information norms, and the legal and political issues surrounding them. It is also known as data privacy or data protection. Data privacy is challenging since attempts to use data while protecting an individual's privacy preferences and personally identifiable information. The fields of computer security, data security, and information security all design and use software, hardware, and human resources to address this issue. Authorities Laws Authorities by country Information types Various types of personal information often come under privacy concerns. Cable television This describes the ability to control what information one reveals about oneself over cable television, and who can access that information. For example, third parties can track IP TV programs someone has watched at any given time. "The addition of any informati ...
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Computer Misuse Act 1990
The Computer Misuse Act 1990 is an Act of the Parliament of the United Kingdom, introduced partly in response to the decision in ''R v Gold & Schifreen'' (1988) 1 AC 1063 (see below). Critics of the bill complained that it was introduced hastily and was poorly thought out. Intention, they said, was often difficult to prove, and that the bill inadequately differentiated "joyriding" hackers like Gold and Schifreen from serious computer criminals. The Act has nonetheless become a model from which several other countries, including Canada and the Republic of Ireland, have drawn inspiration when subsequently drafting their own information security laws, as it is seen "as a robust and flexible piece of legislation in terms of dealing with cybercrime”. Several amendments have been passed to keep the Act up to date. ''R v Gold & Schifreen'' Robert Schifreen and Stephen Gold, using conventional home computers and modems in late 1984 and early 1985, gained unauthorised access to Br ...
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Data Protection Act, 2012
The Data Protection Act, 2012 (The Act) is legislation enacted by the Parliament of the Republic of Ghana to protect the privacy and personal data of individuals. It regulates the process personal information is acquired, kept, used or disclosed by data controllers and data processors by requiring compliance with certain data protection principles. Non compliance with provisions of the Act may attract either civil liability, or criminal sanctions, or both, depending on the nature of the infraction. The Act also establishes a Data Protection Commission, which is mandated to ensure compliance with its provisions, as well as maintain the Data Protection Register. History The Act was first introduced in the Ghana Parliament in 2010, but was subsequently withdrawn by the then Minister of Communications, Haruna Iddrisu, to be revised. Parliament passed the bill in 2012, which then received Presidential assent on May 10, 2012.Data Protection Act, 2012 The notice of the Act was gazet ...
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Right Of Access To Personal Data
The right of access, also referred to as right to access and (data) subject access, is one of the most fundamental rights in data protection laws around the world. For instance, the United States, Singapore, Brazil, and countries in Europe have all developed laws that regulate access to personal data as privacy protection. The European Union states that: "The right of access occupies a central role in EU data protection law's arsenal of data subject empowerment measures." This right is often operationalized as a Subject Access Request. European Union The right of access is enshrined as part of the fundamental right to data protection in the Charter of Fundamental Rights of the European Union. It is in fact the only one of the practical rights relating to personal data that is listed there. In the GDPR, this right is defined in various sections of Article 15. There is also a right to access in the GDPR's partner legislation, the Data Protection Law Enforcement Directive. The Eur ...
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UK Statute Law Database
legislation.gov.uk, formerly known as the UK Statute Law Database, is the official web-accessible database of the statute law of the United Kingdom, hosted by The National Archives. It contains all primary legislation in force since 1267 and all secondary legislation since 1823; it does not include legislation which was fully repealed prior to 1991. The contents have been revised to reflect legislative changes up to 2002, with material that has been amended since 2002 fully updated and searchable. New Statute Law Database In December 2008, the Statute Law Database team transferred to The National Archives, which meant that the responsibility for the Office of Public Sector Information and SLD websites became the responsibility of one department. A major consideration of the transfer was to enable the rationalisation of the two websites in order to provide one point of access to all UK legislation and in doing so reduce duplication in effort, increase efficiency (for example ta ...
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Conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a discharge and is used in countries such as England, Wales, Canada, Australia, and New Zealand. The criminal justice system is not perfect and there are instances in which guilty defendants are acquitted and innocent people are convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. After a defendant is convicted, the court determines the appropriate sentence as a punishment. In addition to the sentence, a conviction can also have other consequ ...
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