Data Protection Act
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Data Protection: Abuse of Process - Damage
The case of Austen v University of Wolverhampton (2005), confirms that in order for a claim under the Data Protection Act 1998 ("the Act") to succeed, there must be evidence of damage and court proceedings must be a proportionate action.
The claimant spent a year as an undergraduate at the defendant university. He issued proceedings against the defendant for defamation, breach of confidence, infringement of his right to privacy, intentional infl Read More...
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Data Protection - Government Intends to Impose Tougher Penalties for Misuse of Personal Data
The Department for Constitutional Affairs (National) issued a press release on 7 February 2007, stating that the courts will now be able to imprison anyone who trades in or deliberately mis-uses individual’s personal data.
This decision follows a public consultation which looked at whether or not the existing penalties for deliberately and willfully mis-using personal data were suitable.
As a result of a consultation, the Government’s new stanc Read More...
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Do you Comply with the Data Protection Act?
This article introduces the Data Protection Act 1998 - does your business comply?
What is Data Protection?
Data Protection is the area of Law that Governs what may or may not be done with personal information. Such personal information may be in manual (hand-written, print outs etc) or electronic (Stored on a computer) form. It applies to the processing of personal data by “Data Controllers”.
Understanding the terms used.
1. Data Controller – Read More...
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