onal information about certain individuals for the processing. A simple example for this is a surgeon before performing a surgery he should know about the patient medical conditions, such as his medical history, his habits (like drinking, smoking… etc), information from medical checkups. If the patient has to undergo a major heart operation, the surgeon will also look upon patient family member’s medical history also. If the parents have asthma, blood pressure, etc.
In organisation the same process is taking place in a different manner during the recruitment process. The employees are asked same in depth question regarding their personal information. The third principle is strongly linked to the first principle. Processing of personal data which is inadequate, irrelevant or excessive is unfair to the data subject. The first principle requires fairness in processing. The excessive information can be something that the organisation keeps for certain conditions, like in a manufacturing factory they will keep the blood group of their entire employee who works in a hazardous environment and this information is needed only in case of accidents. Such information are likely to be irrelevant and excessive for the rest of the employees.
The Fourth Data Protection Principle
The Act says that “Personal data shall be accurate and, where necessary, kept up to date”. Once the data controller overcomes the first and second principles of DPA, the next main fact to consider is the data quality, in which accuracy plays the main role. There are two obligations in the fourth principle that should be taken care off.
Firstly, the data should be accurate. The data controller should take necessary steps to ensure the accuracy of data in regard to the purpose for which it is collected and further processed. Incomplete information will be inaccurate if it misleads. Even though if the actual given data happens to be true, there will be a misleading if the two data subjects are identical. In such cases more information will be needed to keep it more accurate for the data controller to identify. If the data controller makes decision on the result of inaccurate processed data, then he will be breaking the first data protection principle which indicates the strong link between accuracy and fairness in data processing.
Secondly, the data controller should also see that the personal data are kept up-to-date. This condition depends upon the case where personal data are subjected to repeated use for a long period of time. In such cases data controller has to take more review on personal data. If the data subject notifies the data controller that the data is inaccurate, then he should ensure the changes are made to the data to keep it up-to-date.
If a data subject suspects that the information held about him is inaccurate, he will have to see the personal data which the data controller holds. The data subject can make an access request under section 7, for accessing a copy of his personal data held by the data controller. If the court is satisfied with the data subject, then the court may order the data controller to rectify, block, erase, or destroy the personal data. If the processing had caused damage to the data subject then the court will order to give compensation.
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The Fifth Data Protection Principle
The Fifth Act says that “Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes”. The data controller should review, for how long the personal data is retained. He shall also retain the data for performing purpose other than the original purpose for which it was obtained. The main element of the fifth principle is to show the reason for which the personal data is held. If the data controller fails to show a sufficient reason for holding the data th