The proposed Data Protection Act

... IN SUMMARY (PT 2)

AJOINT select committee of Parliament is currently examining a proposed Data Protection Act, some of the provisions of which several organisations have objected to. Here The Gleaner outlines more features of the legislation.

Rights of data subjects under the act

Access to personal data (written request):

• Right to be informed whether personal data is being processed; the description of that data; the purpose and the recipients;

• Right to have the data communicated to them, including source of information, in an intelligible form;

• To be informed of the logic involved in the making of a decision where personal data was processed by automatic means for evaluating ‘matters’ and has constituted the sole basis for any decision significantly affecting the individual.

Prevent processing likely to cause damage or distress (written notice) where:

• Substantial damage or substantial distress to DS or another and is unwarranted;

• Data incomplete or irrelevant vis-à-vis purpose of processing;

• Prohibited by law data has been retained for longer than allowable period

Prevent processing for Direct Marketing (Oral or written notice):

Direct marketing is the communication by whatever means of any advertising or marketing material that is directed to particular individuals.

Automatic decision-making (written notice):

Entitlement to serve notice to prevent decision making (except exempt decisions) on the basis of automatic process only for the purpose of evaluating matters in relation to him/her.

Rectification of Inaccuracies (written notice):

A request to have errors/omissions amended, blocked, erased/destroyed as may be required to correct the inaccuracy

Personal data processed only for research purposes are exempt from the right of access provision if the relevant conditions are met and does not identify the individual