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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

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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.png

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

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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:

  • 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.

  • 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.

  • Direct Marketing List: Data subjects have the right to indicate whether they want to receive marketing communications and can opt out of unsolicited marketing.

  • Court and Compensation: They have the right to seek compensation through the courts for any breach of the Data Protection Act.

  • 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

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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:

  • Data Obtained and Processed Fairly: Data controllers must ensure that any data collected is done so fairly and transparently.

  • Data Accurate and Up to Date: They are responsible for making sure that the data held is accurate and kept up to date.

  • 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.

  • Data Kept Safe and Secure: There is a requirement to implement appropriate security measures to protect the data from unauthorized access, loss, or destruction.

  • Keep a Register of Data Kept: Controllers must maintain a register of personal data they hold and provide this information upon request.

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