SEX LIES AND VIDEOTAPE

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SEX LIES AND VIDEOTAPE
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The Data Protection Act 1998
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Aims / Outcomes

• An Institution that
• Protects the rights of individuals.
• Handles data that it knows to be correct.
• Feels confident that if it were their details
  they would be comfortable giving them to the
  Institution.
• Stays within the law.

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The DPA

• What is it?
• Ordinary Data
• Sensitive Personal Data
• Our Data Protection Registration
• How to stay legal
• End Result

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The DPA What is it?

• The right of an individual to know what will
  happen to information that they have given, and
  that infringement is protected by law.

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Data Protection in the Institution

• Data Protection Registration
• A statement of what data we process, for what
  purpose and to whom the data will be released.
• Data Protection Policy
• A document that states how the Institution
  intends to apply the law, how long data will be
  kept, and examples of best practice.

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Glossary

• Processing - Gathering data, recording it in an
  organised fashion so not Post-It notes and
  anything you do with it after that.
• Data Subject the person about whom the data was
  collected.
• Sensitive personal data as it sounds fuller
  explanation to follow
• Data Processors us
• Data Controller The corporate body, but with
  staff members responsible.

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Broad Guidelines of Data Protection

• Ordinary data
• A common sense approach to handling data, that
  must follow a set of 8 rules
• Sensitive personal data
• Data which must be treated much more carefully,
  and a different set of rules apply, handling of
  the data is more restricted

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Ordinary data processing

• Data use is consented to and is Fair
• Used as agreed.
• Relevant and not excessive.
• Accurate up-to-date.
• Kept only as long as required.
• Follows the rules, is agreed, and correctable if
  wrong.
• Is kept private.
• Is only given to 3rd parties where they comply
  with the above rules simply put the EEA

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Sensitive Personal Data

• Definition of SPD
• Race or ethnic origin
• Political beliefs
• Religious beliefs
• Trade union membership
• Sexual life
• Physical or mental health
• An offence or alleged offence
• Proceedings subsequent to an offence.

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SPD processing may not happen unless one of the
following applies

• Explicit consent is gained
• It is necessary for Legal reasons / employment eg
  Risk Assessment
• It is to protect the individual when they cannot
  give consent
• Is for a not-for profit organisation dealing in
  this area eg CRE
• Is already in the public domain
• Is in connection with legal proceedings
• Is for the purposes of justice eg HSE
  inspectors
• Is required by a health professional or similar
• Is for the purposes of Equal opportunities

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What Data Falls Outside? a sample

• A confidential reference GIVEN by us remains so,
  but the subject may request the data from the
  reference from the receiver. And by extrapolation
  any references we have received must be released
  if requested.
• Management forecasts and planning the data
  subject has no right to access this data but FOI
  . . .
• Negotiations - eg redundancy - but on completion
  of the negotiation the data must be released.
• Examinations - scripts are excluded. Marks must
  be released within 5 months of the request or 40
  days from the announcement of the examination
  results, whichever is the sooner
• Crime and taxation / Defence of the Realm
• Regulatory activity - eg Health and Safety
  disclosure can be authorised.
• Journalism.
• Legal professional privilege - we may not ask for
  data from a solicitor that a member of staff is
  using to prosecute us and equally may be able to
  deny access - ask legal advice.
• Research History and statistics may be kept
  indefinitely ideally anonomised.

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When data may be excluded from the Act
Or scraping the barrel.

• When it is necessary to protect the vital
  interests of the data subject eg someone
  collapses and it is important that the medical
  services know they are pregnant with pre
  eclampsia
• For contractual /legal reasons.
• For defence of the Realm.
• The information is already in the public domain
• Is for equal opportunities monitoring

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The Data Subjects Rights

• To know how long the data will be held
• To know what the data will be used for
• To correct data if wrong
• On payment of a fee, to be given the data held
  about the subject within a period of 40 days

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Our Data Protection Registration

• http//www.ico.gov.uk/

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How to stay within the law

• Only release data to the data subject themselves,
  and in the case of exam results, only when
  appropriate - rating 3/10
• Use the policy in your day to day work - rating
  7/10
• Understand the law and use the registration as
  the reference - rating 9/10
• Ring for advice if you are unsure - rating 10/10

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End Result

• An Institution that
• Protects the rights of individuals.
• Handles data that it knows to be correct.
• Feels confident that if it were their details
  they would be comfortable giving them to the
  Institution.
• Stays within the law.

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Dont Ever take data from 3rd party sources

• There be dragons