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Scope
What is Covered?

The Data Protection Act is concerned with "Personal Data".  

This is information about living, identifiable individuals and need not be particularly sensitive information.  It can be as little as name and address.

Schedule 2

For personal data to be fairly and lawfully processed at least one of the following conditions must be met:

  • Data subject’s consent
  • Necessary for performance of a contract with the data subject
  • Legal obligation
  • To protect vital interests of the data subject
  • To carry out public functions
  • To pursue legitimate interests of the controller unless prejudicial to interests of the data subject

Schedule 3

For sensitive personal data to be fairly and lawfully processed at least condition of Schedule 2 and one of the following conditions must be met:

  • Data subject’s explicit consent
  • To comply with employer’s legal duty
  • To protect the vital interest of the data subject or another person
  • Is carried out by certain non-profit bodies
  • The information has been made public by the data subject
  • In legal proceedings
  • Exercising legal rights
  • To carry out public functions
  • For medical purposes
  • For equal opportunities monitoring
  • As specified by order

Personal Data

Data protection legislation applies to all living individuals.  Personal data covers both facts and opinions about the individual and includes information regarding the intentions of the data controller towards the individual.

With processing, the definition is far wider than before. For example, it incorporates the concepts of "obtaining", "holding" and "disclosing".

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