Data protection principles
Data protection principles- 1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless-
- 1. at least one of the conditions in Schedule 2 is met, and
- 2. in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
- 2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
- 3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
- 4. Personal data shall be accurate and, where necessary, kept up to date.
- 5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
- 6. Personal data shall be processed in accordance with the rights of data subjects under this Act.
- 7. Appropriate technical and organizational measures shall be taken against unauthorized 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.
What does “fair processing” mean?
The first data protection principle requires you to process personal data fairly and lawfully. Ensuring fairness in everything you do with people’s personal details is, in our view, central to complying with your duties under the Data Protection Act. In practice, it means that you must:
* have legitimate reasons for collecting and using the personal data;
* not use the data in ways that have unjustified adverse effects on the individuals concerned;
* be open and honest about how you intend to use the data, and give individuals appropriate privacy notices when collecting their personal data;
* handle people’s personal data only in ways they would reasonably expect; and
* make sure you do not do anything unlawful with the data.
Fairness generally requires you to be transparent – clear and open with individuals about how their information will be used. Transparency is always important, but especially so in situations where individuals have a choice about whether they wish to enter into a relationship with you. Assessing whether information is being processed fairly depends partly on how it is obtained. In particular, if anyone is deceived or misled when the information is obtained, then this is unlikely to be fair.
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