Carlisle City Council

Data Protection Policy Summary

The Data Protection Act 1998 carries forward the elements from the legislation introduced in 1984, and imposes stringent requirements that any organisation holding personal data must comply with. The legislation states that all processing undertaken must be fair and lawful, accurate and up-to-date, and that the data is adequate, relevant, not excessive and is held for no longer than is necessary.

It also becomes mandatory that appropriate technical measures are taken to prevent unauthorised or unlawful processing or disclosure of data. This includes accidental loss or destruction of, or damage to, personal data.

Personal data can only be processed if one of the following applies:

an individual has given consent;
that it is part of a contract;
it is a legal obligation;
it is necessary to protect the individual.

The rules also introduce "sensitive personal data", which includes any that are racial or ethnic in origin, political affiliations, religious or other beliefs. This data demands greater protection and one of the following must be true: an individual's explicit consent is required; is a legal requirement; to protect the vital interests of the individual. Where consent is obtained, the individual must be made fully aware of the purposes for which the data is to be used and of any recipients.

Another huge change makes data held in manual or paper form subject to the Act. So any personal details stored in a paper format must be registered and the above conditions apply.

Individuals' rights are extended with further provisions to enable anyone to see a full description of the data held about him, on payment of a fee. This information has to be altered if it is inaccurate or likely to cause damage or distress.

Individuals can also request details of how automatic decision-making processes operate. This can impact on the use of data for direct marketing, either by mail or telephone. Compensation can be claimed for damage caused by breach of the Act.