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My attempt at simplifying the Data Protection Act.

My blog updates

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    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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Principle 3

Only get data you need

What the Act says

Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed

What this means

Principle 3 is one of the simpler principles. Each time you do something with personal data (i.e. whenever you are processing the data) you need to make sure you just process the minimum amount of data required and no more.

A common misconception is that this principle is just about when you initially collect data. Although it is important to only collect the data you need it’s also important that each time you do something with the personal data you hold, you work out whether all the data you’re about to process is needed.

A really good example of a breach of principle 3 was the now-infamous incident when the Inland Revenue ‘lost’ those two CDs that it sent to the National Audit Office (NAO). The NAO had actually just asked for a sub-set of the data for each person, but it was easier for the Inland Revenue to send it all to them, so although the CDs they sent included the data that were adequate and relevant, they also sent data that was irrelevant and certainly excessive.

How to test

Remember, to comply with the Act you should test every bit of processing of each bit of data against all eight principles.

The third data protection principle gives these two tests:

  1. Do you need any of this person’s data for the processing you are doing?
  2. Do you need this particular item of personal data?

Database people might like to think about the test this way:

  1. Do I need this Record / Row in the data?
  2. Do I need to include this Field / Column in the data?

Disclaimer: This is general information only and I’ve tried to simplify the major parts of the Act to make it easy (I hope) to understand. This isn’t legal advice and it isn’t specific advice for you. If you’re looking for help with DPA and Information Security compliance then please contact me.