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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 Pro... 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 rights of Data Subjects under the Data Protection Act 1988 include several key provisions:
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Access to Information: Data subjects have the right to request access to their personal data held by data controllers, allowing them to see what information is being processed.
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Inaccurate Information: Data subjects can demand corrections to any inaccurate personal data, ensuring that their information is correct and up-to-date.
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Direct Marketing List: Individuals can opt-out of their data being used for direct marketing purposes, safeguarding their privacy.
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Court and Compensation: Data subjects have the right to seek compensation for damages resulting from data breaches or mishandling of their data by the data controller.
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Type and Purpose of Information: Data subjects should be informed about the purpose for which their data is being collected and the types of information involved.
Step 2
The obligations of Data Controllers
Answer
Data Controllers have specific obligations under the Data Protection Act 1988 to ensure the protection of personal data:
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Data obtained and processed fairly: Data controllers must ensure that data is collected and processed ethically, with respect to the rights of data subjects.
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Data accurate and up to date: Data Controllers are required to keep personal data accurate and updated to reflect true information.
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Data kept for specified and lawful purposes: Personal data should only be collected for specific, lawful purposes, and should not be used beyond those intentions.
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Data kept safe and secure: Adequate measures must be taken to protect personal data against unauthorized access or breaches.
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Keep a register of data kept: Data Controllers must maintain a record of all personal data processed to ensure transparency.
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On request, supply copy of data kept: Data Controllers must provide a copy of the data in their possession upon request from the data subject.