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The Data Protection Act 1988 sets out the following: (i) The rights of Data Subjects: (ii) The obligations of Data Controllers and (iii) The functions of the Data Protection Commissioner Explain any two of the above. - Leaving Cert Business - Question C - 2007
Question C
The Data Protection Act 1988 sets out the following: (i) The rights of Data Subjects: (ii) The obligations of Data Controllers and (iii) The functions of the Data Pr... show full transcript
Worked Solution & Example Answer:The Data Protection Act 1988 sets out the following: (i) The rights of Data Subjects: (ii) The obligations of Data Controllers and (iii) The functions of the Data Protection Commissioner Explain any two of the above. - Leaving Cert Business - Question C - 2007
Step 1
The rights of Data Subjects
Answer
The Data Protection Act 1988 provides certain rights to data subjects, which are individuals whose personal data is processed by organizations. Key rights include:
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Access to Information: Data subjects have the right to request access to their personal data held by an organization. This ensures transparency regarding the use of their data.
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Inaccurate Information: Individuals can request correction of any inaccurate or incomplete data about themselves. This right helps ensure that the data held is accurate and up to date.
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Direct Marketing List: Data subjects have the right to indicate whether they want to receive marketing communications and can opt out of unsolicited marketing.
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Court and Compensation: They have the right to seek compensation through the courts for any breach of the Data Protection Act.
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Type and Purpose of Information: Individuals must be informed about the type of data collected about them and the purposes for which it is used.
Step 2
The obligations of Data Controllers
Answer
Data controllers, those entities or individuals who determine the purposes and means of processing personal data, have specific obligations under the Data Protection Act 1988. These include:
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Data Obtained and Processed Fairly: Data controllers must ensure that any data collected is done so fairly and transparently.
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Data Accurate and Up to Date: They are responsible for making sure that the data held is accurate and kept up to date.
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Data Kept for Specified and Lawful Purposes: Data controllers must ensure that personal data is only retained for specific, legitimate purposes and not used beyond those purposes.
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Data Kept Safe and Secure: There is a requirement to implement appropriate security measures to protect the data from unauthorized access, loss, or destruction.
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Keep a Register of Data Kept: Controllers must maintain a register of personal data they hold and provide this information upon request.