Data Protection and Compliance in Context by Stewart Room

By Stewart Room

Information safety and Compliance in Context is a finished advisor which: 1.explains the content material of knowledge safeguard legislation; 2.provides useful recommendation on conserving facts privateness lower than the information safeguard Act, human rights legislation and freedom of data laws; 3.gives info controllers a platform for development compliance ideas. facts security legislations covers the processing of data on the subject of members: whatever all of us do. each enterprise and each individual with a computer comes less than the knowledge defense Act 1998, an Act that has already had an important impression upon our company and personal lives. the idea that of information processing is very extensive, overlaying each plausible factor that may be performed on or in the direction of own info: from its preliminary assortment during to its ultimate deletion, together with its association, alteration, use and disclosure. Written by means of Stewart Room, the nationwide Chair of the nationwide organization of information safeguard and Freedom of knowledge officials, facts safety and Compliance in Context permits the secure navigation of this tough region.

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A very prominent concept within the Directive is ‘necessity’. This is because many of the grounds for making processing lawful are prefaced by the requirement that the processing should be necessary. Another prominent concept is ‘adequacy’, as the Directive prevents the flow of personal data from the EC Member States to other countries that do not offer adequate protection for personal data. A third prominent concept is ‘suitability’, as the Directive requires EC Member States to adopt ‘suitable measures’ to ensure the full implementation of its provisions.

Within Europe, the most important laws are the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Data Protection Convention 3 and the Data Protection Directive. 4 2 Introduction to Data Protection • • • Within Europe, the main law-making bodies are the Council of Europe, the EC, the Article 29 Working Party, the national governments, the national supervisory authorities and the courts. The aims of data protection laws are twofold: they protect privacy and they support the free flow of personal data between data controllers and between countries.

3) Compliance with these rules shall be subject to control by an independent authority. It is moot whether the Charter will make much difference to the law in the UK, but it does send out a very important message about the relative importance of privacy laws and data protection laws. KEY ASPECTS WITHIN DATA PROTECTION LAWS When data protection laws are properly analysed the following key aspects become apparent: (1) The processing of personal data must be transparent. (2) The processing must comply with the general rules on lawfulness.

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