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My attempt at simplifying the Data Protection Act.

My blog updates

  • Grand Central: Great trains, terrible terms
    Feb 26, 2010
    Recently I travelled to York on Grand Central Railway. I really like their train service because you pay the same fare whether you buy your ticket in advance, at the station, or on the train. ...
  • Filling cabinet breaches
    Feb 1, 2010
    I like to analyse the ICO's undertakings and enforcement notices to see whether there are lessons you can learn from other people's unfortunate mistakes. ...
  • Data Sharing and the Blue Badge Parking Scheme
    Jan 13, 2010
    Back in 2008 the government announced that they were going to reform some of the ways the disabled parking / blue-badge scheme worked to reduce the amount of fraudulent use. ...
  • The future of privacy talk at ORG
    Dec 6, 2009
    Bruce Schneier spoke on the subject of The Future of Privacy at the Open Rights Group on Friday. ...
  • Abuse of radio buttons and check boxes
    Dec 5, 2009
    I’m particularly sensitive to interface design and I saw a real horror this week. ...
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Data Protection

The Data Protection Act says how organisations (and in some cases individuals) have to look after any personal data they use. From April 2010 the Information Commissioner will have the power to fine organisations that do not comply with the Act.

The Data Protection Act is a beguiling of bit of law.

Look at it in one way and it is really simple. All an organisation has to do is fill-out an online form to register with the Information Commissioner and then comply with the eight data protection principles

Look at it the other way and it is the most tortuous piece of well-meaning law that is almost impossible to comply with, described in barely-penetrable legalese for 40 pages and 16 schedules which have then been amended by Statutory Instruments and ‘clarified’ by a few major cases. Personally I’ve never met an organisation that doesn’t – to some degree – breach the DPA.

If you are keen to understand the Act and make sure your organisation isn’t in breach then these pages are for you. I’ve tried to explain the main parts of the Act, and what you need to do to comply, in simple English. This is a work-in-progress so please bear with me while I complete all the sections.

If you’d like to get someone else to do the hard work then I provide a simple DPA gap analysis service that simultaneously assesses your DPA compliance and your information security.

Some basic terms

Registration

Understanding the eight principles

Principle 1 — Be fair when you get, use and share data

Principle 2 — Tell people what you will do with their data, do nothing more

Principle 3 — Only get data you need

Principle  4 — Ensure data you hold is accurate

Principle 5 — Delete data you no longer need

Principle 6 — Respect people’s rights over personal data

Principle 7 — Make sure you don’t lose data

Principle 8 — Be careful if you send data to other countries

People’s rights and responding to their requests

Gap Analysis

DPA Questions