Page 148 - Law and the Media

The Data Protection Act 1998
The applicant may apply to the court for an order if the data controller fails to comply with
the request.

Right to prevent processing: direct marketing
‘Direct marketing’ is communication by whatever means of any advertising or marketing
material directed to particular individuals. A person is entitled at any time to write to a data
controller requesting that the controller cease or does not begin to process personal data
concerning him for the purposes of direct marketing to him. This is an absolute right, and is
not subject to a requirement of damage or distress.

The applicant may apply to the court for an order if the data controller fails to comply with
the request.

Right to prevent automated decision taking
A person is entitled at any time to write to the data controller requiring that he ensure that
no decision is taken by or on behalf of the data controller that significantly affects the
individual based solely on the automatic processing personal data. For example, this would
include a person’s performance at work, his creditworthiness, his reliability or his
conduct.

The data controller must reply within 21 days. The applicant may apply to the court for an
order to reconsider or make a new decision if the person taking a decision in respect of him
has failed to comply with his obligations.

Right to rectification, blocking, erasure and destruction
A person may apply to the court for an order that the data controller rectify, block, erase or
destroy inaccurate data. If the inaccurate data accurately reflects information passed to the
data controller by the data subject or a third party, the court may instead make an order
requiring the data to be supplemented by a statement approved by the court of the true facts
relating to the matters dealt with by the data.

Right to compensation
If a data controller contravenes any requirement of the DPA and a person suffers loss as a
result, he is entitled to compensation from the data controller for that loss and for any distress
caused.

Media organizations may be liable to pay compensation even when no damage has been
caused. Compensation for distress without damage may be claimed where the processing is
for the purposes of journalism, literature or art.

In proceedings brought against the data controller, it is a defence for him to prove that he
took such care as was reasonably required in all the circumstances.
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