|
To find out how we can make such an impact on your recruitment needs
Contact us on:
Northampton
01604 239555
Kettering
01536 416615
|
|
 |
|
|
|
| Industry News |
 |
Data Protection Act 1998
November 2007
Manual filing systems in existence before 24th October 1998 are required as at 23rd October 2007 to comply fully with the EU Council Directive 95/46/EC, which is implemented into UK law by the Data Protection Act 1998. The Act protects individuals with regard to the processing of personal data and of the free movement of such data.
Strictly speaking, the provisions of the Directive should have been implemented in the UK by the 24th October 1998, however, the Directive allowed for two transitional provisions. Since 24th October 2001 it has been necessary for personal data stored and processed on a computer to fully comply with the Directive’s provisions. To a limited extent, it has also been necessary for data held in manual filing systems to comply since that date.
However, manual filing systems in existence before 24th October 1998 did not need to comply fully with the Directive until 12 years after the date on which the Directive itself was adopted. Those 12 years expire on 23 October 2007.
Although employees have always had the right of access to personal data held in manual or paper based files, the right to apply to a court for the correction, removal or destruction of incorrect or misleading data arises from 24th October 2007. It follows that employers must ensure that manual files comply with the sixth, seventh and eighth principles during the second period (See the REC Legal Guide on the data protection principles)
The Information Commissioner may serve an enforcement notice is satisfied that an employer has contravened, or is contravening, any of the eight data protection principles and failure to comply could result in a fine of up to £5,000.
Further information can be found at the Information Commissioner’s Office website at http://www.ico.gov.uk/
« back
|
|
|
