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"There is often a legal requirement for members of the public to hand over their personal information to public bodies." Discuss the provisions of the Data Protection Act 1988 in relation to: (i) The Rights of Data Subjects (ii) The Obligations of Data Controllers. - Leaving Cert Business - Question C - 2007
Question C
"There is often a legal requirement for members of the public to hand over their personal information to public bodies." Discuss the provisions of the Data Protecti... show full transcript
Worked Solution & Example Answer:"There is often a legal requirement for members of the public to hand over their personal information to public bodies." Discuss the provisions of the Data Protection Act 1988 in relation to: (i) The Rights of Data Subjects (ii) The Obligations of Data Controllers. - Leaving Cert Business - Question C - 2007
Step 1
The Rights of Data Subjects
Answer
The Data Protection Act 1988 provides several rights for individuals regarding their personal data. These rights empower data subjects in relation to how their data is managed and processed.
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Right of Access: Individuals have the right to request and receive a copy of their personal data held by public bodies. This request must be fulfilled within 40 days of the written request being lodged.
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Right of Correction: Should a data subject find that their personal information is inaccurate or incomplete, they have the right to request corrections to this information. This ensures that data remains current and reliable.
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Right to Compensation: If an individual suffers a loss due to incorrect data processing, they are entitled to compensation. This allows individuals to seek redress and hold data controllers accountable for any failures.
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Right of Removal: Individuals can request the removal of their personal data from direct marketing lists. This provides control over how personal information is used for marketing purposes.
Step 2
The Obligations of Data Controllers
Answer
Data controllers have specific responsibilities under the Data Protection Act 1988 to ensure that personal data is handled appropriately and securely.
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To keep the data secure: They must safeguard personal data against unauthorized access, maintaining confidentiality and integrity.
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To update the information: Data controllers are required to keep records accurate and up-to-date, ensuring any changes are promptly documented.
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To use the data for intended purposes: Information should only be utilized for the purposes specified at the time of collection, and not for unrelated activities.
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To obtain information fairly and openly: Transparency is crucial; data controllers must inform individuals about how their data will be used and obtain consent where applicable.
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To keep a register of data kept: A formal record of the types of data held and their purposes must be maintained to facilitate compliance and accountability.
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To provide access to data: Data controllers must respond to requests for personal data within 40 days of receiving a written request, ensuring individuals can exercise their rights effectively.