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Data Protection Act 1998

The Eight Data Protection Principles

These principles are contained in the 1998 Act and apply to the processing of all personal data.

1. Personal data shall be processed fairly & lawfully and, in particular, shall not be processed unless:

a) at least one of the conditions in Schedule 2 is met;

b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

2. Personal data shall be obtained only for one or more specified and lawful purposes and shall not be further processed in any manner incompatible with that purpose or purposes.

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

4. Personal data shall be accurate and where necessary kept up to date.

5. Personal data processed for any purpose or purposes shall not be kept longer than is necessary for that purpose or purposes.

6. Personal data shall be processed in accordance with the rights of data subjects under this Act.

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

 

What do schedules 2 and 3 say?

When processing any personal data you must ensure that at least one of the following criteria applies (Schedule 2):

In addition, certain types of data are considered to be "sensitive", and to process them one or more of these criteria must also be met (Schedule 3):

Sensitive Personal Data is defined as one or more of the following pieces of data about the data subject:

 


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