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ICT

Data Protection Act

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Exemptions

There are some complete exemptions and some partial exemptions where personal datadata: information without context, eg a list of students with numbers beside their names is data, when it's made clear that those numbers represent their placing in a 100 metre race, the data becomes information is not covered by the 1998 Act. These mean that the people storing data (the data controllers) do not need to keep to the rules. You may be asked about these.

Complete exemptions

  • Any personal data that is held for a national security reason is not covered. So MI5 and MI6 don't have to follow the rules. They do need to get a Government Minister to sign a certificate saying that they are exempt.
  • Personal data held for domestic purposes only at home, eg a list of your friends' names, birthdays and addresses does not have to keep to the rules.

Partial exemptions

Some personal data has partial exemption from the rules of the DPAData Protection Act 1998 (DPA): legislation passed by parliament that governs the protection of personal data in the UK. The main examples of this are:

  • The taxman or police do not have to disclose informationinformation: data with context or meaning held or processed to prevent crime or taxation fraud. Criminals cannot see their police files. Tax or VAT investigators do not have to show people their files.
  • A data subjectdata subject: anyone who has data stored about them that's outside their direct control has no right to see information stored about him if it is to do with his/her health. This allows doctors to keep information from patients if they think it is in their best interests.
  • A school pupil has no right of access to personal files, or to exam results before publication.
  • A data controller can keep data for any length of time if it is being used for statistical, historical or research purposes.
  • Some research by journalists and academics is exempt if it is in the public interest or does not identify individuals.
  • Employment references written by a previous employer are exempt.
  • Planning information about staff in a company is exempt, as it may damage the business to disclose it.

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