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The Data Protection Act 1998 is an enactment of a European directive, so in addition
to complying with the UK Act, employers must also comply with European legislation.
The Act does not inhibit organisations from appointing an external Data
Protection Agent. Whilst this does not absolve the company from its
obligations under the Act, many of the detailed actions can be
offloaded onto the agent. The relationship here is similar to that of a
tax accountant acting as an agent for taxation returns. For more
information, please refer to our Data Protection Service.
Complex transitional arrangements exist for ongoing
systems. These largely ran out before 23rd October 2001. The UK Act came
into force on 1st March 2000 and existing systems and practices must now
conform. Many of these may well be illegal! The onus is on the employer to show that
adequate steps have been, or are being taken to comply with this legislation.
Due diligence by the training of staff is a defence against criminal proceedings.
The Act consists of 75 sections in six major Parts
and sixteen Schedules which contain further information on various subjects relating to the Act, including the Data
Protection Principles, the Commissioner, exemptions and definitions. More
recently, a number of Statutory Instruments (19 to date) were made under the Act. These
often modify the application of the Act in particular industry sectors such as
health, education etc, and may be essential to your operations. It is
not an easy Act to read or comprehend.
The unique Mini Manual - 'Taming
the Data Protection Tiger' - reduces the complexity by unique visualisation and
practical mnemonic check lists. Click here to view
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