Titles: Annotation and Commencement Information Essay

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Words: 2391
Pages: 10

SCHEDULE 1E+W+S+N.I. The data protection principles
Part IE+W+S+N.I. The principles
1Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless—E+W+S+N.I.
(a)at least one of the conditions in Schedule 2 is met, and
(b)in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
2Personal 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 those purposes.E+W+S+N.I.
3Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.E+W+S+N.I.
4Personal data shall be accurate and, where necessary, kept up to date.E+W+S+N.I.
5Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.E+W+S+N.I.
6Personal data shall be processed in accordance with the rights of data subjects under this Act.E+W+S+N.I.
7Appropriate 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.E+W+S+N.I.
8Personal 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.E+W+S+N.I.
Part IIE+W+S+N.I. Interpretation of the principles in Part I
The first principleE+W+S+N.I.1(1)In determining for the purposes of the first principle whether personal data are processed fairly, regard is to be had to the method by which they are obtained, including in particular whether any person from whom they are obtained is deceived or misled as to the purpose or purposes for which they are to be processed.E+W+S+N.I.
(2)Subject to paragraph 2, for the purposes of the first principle data are to be treated as obtained fairly if they consist of information obtained from a person who—
(a)is authorised by or under any enactment to supply it, or
(b)is required to supply it by or under any enactment or by any convention or other instrument imposing an international obligation on the United Kingdom.
2(1)Subject to paragraph 3, for the purposes of the first principle personal data are not to be treated as processed fairly unless—E+W+S+N.I.
(a)in the case of data obtained from the data subject, the data controller ensures so far as practicable that the data subject has, is provided with, or has made readily available to him, the information specified in sub-paragraph (3), and
(b)in any other case, the data controller ensures so far as practicable that, before the relevant time or as soon as practicable after that time, the data subject has, is provided with, or has made readily available to him, the information specified in sub-paragraph (3).
(2)In sub-paragraph (1)(b) “the relevant time” means—
(a)the time when the data controller first processes the data, or
(b)in a case where at that time disclosure to a third party within a reasonable period is envisaged—
(i)if the data are in fact disclosed to such a person within that period, the time when the data are first disclosed,
(ii)if within that period the data controller becomes, or ought to become, aware that the data are unlikely to be disclosed to such a person within that period, the time when the data controller does become, or ought to become, so aware, or
(iii)in any other case, the end of that period.
(3)The information referred to in sub-paragraph (1) is as follows, namely—
(a)the identity of the data controller,
(b)if he has nominated a representative for the purposes of this Act, the identity of that representative,
(c)the purpose or purposes for which the data are intended to be processed, and
(d)any further information which is necessary, having…