Leaving Cert Business Management Skills (Communication & ICT): Explain the term 'data protectio

Question

Explain the term 'data protection' under the terms of the Data Protection Acts 1988 and 2003.

Data protection is the means by which the privacy rights of individuals are safeguarded in relation to the processing of their personal data.

The essence of data protection is that everybody should be able to control how information about them is used.

It ensures that personal data which is processed is accurate and it enforces a set of standards for the processing of such information.

It includes both automated data and manual data.

The information held must be accurate, up-to-date, appropriate security measures must be in place to safeguard it, and it should only be held as long as is necessary.

The rights of individuals cannot be subjected to automated decision making; there must be human input in the making of important decisions relating to an individual.

Discuss the functions of the 'data protection commissioner' under the terms of this act.

The data protection commissioner has enforcement powers including the serving of legal notices compelling data controllers to provide information needed and to correct personal data.

The data protection commissioner may investigate complaints made by the general public and can authorise officers to enter premises and to inspect the type of personal information kept, how it is processed, and the security measures in place.

The data protection commissioner publishes an annual report which names in certain cases those data controllers that were the subject of investigation or action by his Office.

The data protection commissioner maintains a register of data controllers giving general details about the data handling practices of many important data controllers, such as Government Departments and financial institutions.

Special Duties set out by the Minister: The data protection commissioner shall also perform any functions in relation to data protection that the Minister may confer on him by law or regulations for the purpose of enabling the Government to give effect to any international obligations of the State.

Information Notices: The Data Protection Commissioner may require any person to provide him with whatever information the Commissioner needs to carry out his functions, such as to pursue an investigation.

Prohibition Notice: Under section 11 of the Data Protection Acts, 1988 and 2003, the Data Protection Commissioner may prohibit the transfer of personal data from the State to a place outside the State.

Appoint an Authorised Officer: Under section 24 of the Data Protection Acts, 1988 and 2003 the Data Protection Commissioner may appoint one or more persons to assist the Commissioner in the performance of his functions, such as to carry out investigations.

Explain the term 'data protection' under the terms of the Data Protection Acts 1988 and 2003 - Leaving Cert Business - Question A - 2013

Worked Solution & Example Answer:Explain the term 'data protection' under the terms of the Data Protection Acts 1988 and 2003 - Leaving Cert Business - Question A - 2013

Explain the term 'data protection' under the terms of the Data Protection Acts 1988 and 2003.

Discuss the functions of the 'data protection commissioner' under the terms of this act.

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