Data Protection Act 1998

UK legislation on data protection

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Territorial extent	United Kingdom
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The Data Protection Act 1998 (DPA 1998) was an Act of Parliament in the United Kingdom designed to protect personal data stored on computers or in an organised paper filing system. It enacted the EU Data Protection Directive 1995's provisions into UK law. The Act was repealed and replaced by the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).

Provisions

The Data Protection Act 1998 aimed to protect the rights and privacy of individuals with respect to the processing of their personal data. The Act defined eight data protection principles:

1. Personal data shall be processed fairly and lawfully.
2. Personal data shall be obtained only for one or more specified and lawful purposes.
3. Personal data shall be adequate, relevant and not excessive.
4. Personal data shall be accurate and, where necessary, kept up to date.
5. Personal data processed for any purpose shall not be kept for longer than is necessary.
6. Personal data shall be processed in accordance with the rights of data subjects under this Act.
7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

Data Subject Rights

The Act provided individuals (data subjects) with certain rights, including:

• The right to access personal data held about them.
• The right to prevent processing likely to cause damage or distress.
• The right to prevent processing for the purposes of direct marketing.
• The right to have inaccurate personal data rectified, blocked, erased, or destroyed.
• The right to claim compensation for damages caused by a breach of the Act.

Enforcement

The Act was enforced by the Information Commissioner's Office (ICO), which had the power to issue enforcement notices and fines for non-compliance. The ICO also provided guidance and support to organisations to help them comply with the Act.

Repeal and Replacement

The Data Protection Act 1998 was repealed and replaced by the Data Protection Act 2018 and the General Data Protection Regulation (GDPR), which introduced more stringent data protection requirements and greater rights for individuals.

Related Pages

• Data Protection Act 2018
• General Data Protection Regulation
• Information Commissioner's Office
• EU Data Protection Directive 1995
• Privacy law
• Personal data