Monday, 24 July 2023

Data Subjects ~ Access to Data

The UK's first Data Protection legislation came in 1984  - Data Protection Act 1984 (repealed 1 March 2000). 

The 1984 Act followed the Younger Report on Privacy (1972), the Lindop Report on Data Protection (1978), and the 1981 European Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. (This Convention is the work of the Council of Europe and not the European Union. The UK ratified the Convention on 26 August 1987).

Subsequently, the

European Union issued a Directive that led to the UK's Data Protection Act 1998 - (in force 1 March 2000 but some provisions did not commence until October 2007).

The EU's General Data Protection Regulation (GDPR) came in 2016 and led to the UK's Data Protection Act 2018.

Brexit resulted in what is now referred to as - The UK GDPR - which sits alongside the Data Protection Act 2018 (as amended).

Data Subject Access Requests:

The UK GDPR gives certain rights to "Data Subjects". In particular, Article 15 gives a right of access to data held.

Apart from simple curiosity, there could be many reasons why an individual might need to know what data is held about them and it is reported that there has been an increase in the number of requests for such information - The Guardian 19 July 2023

The report comments - "They have become standard when employees are in dispute with their employer and are looking for a “smoking gun” that they can use in negotiations or at an employment tribunal, should it come to that."

Because of events involving politician and broadcaster Nigel Farage (previous post) the Natwest Bank is in the news. This link shows how a Data Access Request can be made to that bank - How do I submit a Subject Access Request (SAR)? (natwest.com).

The links below may be of interest. Data Protection is now a complicated matter. Where appropriate, individuals should seek professional assistance.

Links:

Data protection: The Data Protection Act - GOV.UK (www.gov.uk)

For organisations | ICO

Right of access | ICO

History:

Our history | ICO

History of The Data Protection Act 1998 (dataprotectionsociety.co.uk)

Data Protection Act 1984 | T-Vox

Another Data Protection Act! "You're joking! Not another one!" - A Short History of Data Protection Legislation in the UK (nipclaw.blogspot.com)

Other:

What is Freedom of Information & Data Protection? | The Constitution Unit - UCL – University College London


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