Data Protection
DATA PROTECTION – SOLICITORS NORTHAMPTON
Data protection law
Data Protection laws relate to how organisations handle and process data they have on individuals. It is the Data Protection Act which governs how these data protection rules are enforced. Does the Data Protection Act apply to you? Well it does not apply to organisations but rather a particular activity and that activity is processing personal data. . If you “process personal data”, then you must comply with the Act and, in particular, you must handle the personal data in accordance with the data protection principles.
So what is processing personal data? Well if you hold or collect information on an living person which can be used to identify that person then or you “use, disclose, retain or destroy” identifiable information, you are most probably processing personal data. If you handle individuals’ personal details then it is very likely you need to comply with the Data Protection Act.
One of the rules you need to comply with is information requests from individuals wanting to know what kind of information is being held about them. When these requests are made then they need to be complied with in accordance with the specific provisions of the Act.
Our solicitors are able to assist organisations in making sure all information requests are complied with in accordance with the Data Protection Act.
If you hold information falling under the data protection act you will need to respond to a request for personal information unless an exemption applies.
The Data Protection Act gives individuals the right to request what personal information you have on file about them and to provide them with a copy of that information. This is called a subject access request and should be responded to within 40 calendar days of receipt.
The Data Protection Laws are very complex and we can advise on and provide the following services:
- Checklists for handling information requests
- Dealing with requests involving other people’s information
- How to deal with employment references
- How to process information fairly
- how to send information overseas
- carrying out data protection audits
- refusing to provide information using an exemption
- advising on security measures to put in place to protect personal information
- Advising public and health sectors on their obligations
If you require further information or assistance on Data Protection issues then please contact us now.