Data protection – the Data Protection Act 1998 – the Information Commissioner Office (ICO)

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Data protection
emma.wilson
Mind Map by emma.wilson, updated more than 1 year ago More Less
emma.wilson
Created by emma.wilson over 9 years ago
emma.wilson
Copied by emma.wilson over 9 years ago
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Resource summary

Data protection – the Data Protection Act 1998 – the Information Commissioner Office (ICO)
  1. Personal data
    1. Living person
      1. Can be ideintified by data
        1. Includes opinions on the individual
          1. Sensitive personal data
            1. Race/ethnicity
              1. political opinion
                1. religion
                  1. trade union membership
                    1. health
                      1. sexual life
                        1. criminal activity
                      2. What type of data it covers
                        1. electronic
                          1. data
                            1. texts
                              1. images
                                1. recordings
                                2. manual
                                3. Who is responsible?
                                  1. Data controllers
                                    1. Staff
                                      1. e.g Think/client/distribution house - whoever is responsible for keeping it updated and secure at that moment in time
                                      2. Data processors
                                        1. e.g Distribution house
                                          1. Should have written data sharing agreements in place with processors
                                          2. Safest option is to ASSUME that you're the data controller and you are responsible
                                        2. Data protection principles
                                          1. 1. Processed fairly and lawfully
                                            1. 2. Obtained and used only for the specified purpos(es)
                                              1. 3. Data held will be adequate, relevant and not excessive to the purpose
                                                1. 4. Accurate and (where necessary) kept up to date
                                                  1. 5. Not kept longer than necessary
                                                    1. 6. Processed in accordance with the rights of data subjects under the 1998 act
                                                      1. Subject access
                                                        1. Prevent processing that causes unwarranted substantial danage or distress
                                                          1. Prevent direct marketing
                                                            1. Automated decision making
                                                              1. 7. Data protected by appropriate technical and organisational measures
                                                                1. 8. Not to be transferred to a country or territory outside the European Economic Area unless there's an adequate level of preotection
                                                  2. Direct marketing
                                                    1. Think marketing mailing lists
                                                      1. 1. Obtain consent for each method used
                                                        1. 2. Say who you might share personal details with
                                                          1. 3. Keep record of consent and what it covers
                                                            1. 4. Provide unsubscribe link on emails an texts
                                                              1. 5. Keep a suppression list (not to be contacted)
                                                      2. Second hand marketing lists
                                                        1. 1. Check list is accurate and up to date
                                                          1. 2. Check consent and what it covers
                                                            1. 3. Screen telephone numbers against Telephone Preference Service (TPS)
                                                              1. 4. Be open about where you obtained details
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