Page 141 - Law and the Media

7 The Data Protection Act 1998

Terence Bergin

7.1 Introduction

The English law protects an individual from the misuse of personal information about him
under statute and common law. The Data Protection Act 1998, which replaces the Data
Protection Act 1984, protects personal data whether it is stored in manual or computerized
form. The common law of confidence, which protects against the disclosure of ‘confidential’
information, is considered in Chapter 6.

Any person or organization holding personal data about a living individual who can be
identified from the information, or from consideration of personal data in conjunction with
other information in the possession of the person or organization, is subject to the provisions
of the Data Protection Act 1998 (the ‘DPA’).

‘Personal data’ does not just mean private information such as medical records or financial
details. Under the DPA, it includes automatically processed information, as well as
information recorded as part of a filing system or forming part of a record. For example, this
will include the names and addresses on a newspaper or magazine subscription list, or
information derived from a library of newspaper clippings or a card index. Even a person’s
shopping habits or favourite television programmes will be included if such information,
used in conjunction with other information held by a production company or broadcaster, can
identify the person concerned.

The person or organization holding the personal data is required to register with the Data
Protection Commissioner. This will include media organizations such as newspapers and
television companies.

Under the DPA, the subject of personal information has several rights in relation to the
personal data, including the right to be informed as to whether personal data is being
processed about him.

A person also has a very limited right to access his own personal information held in manual
format under the Access to Personal Files Act 1987.