 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 then, he should get rid of the data.
If the personal data is kept for a long time there is a chance that the information will go out of date causing error. It also becomes difficult to ensure that the information is accurate. Even if the information is no more needed, the data controller should make sure that it is held securely. Reviewing personal data regularly and deleting those no longer needed is a good practice. The data that should be retained must be archived or put offline.
The personal data are retained only in certain scenarios depending upon the current and future scope of the information. Major concerned things for retaining data are the cost, liability and risks for retaining the personal information.
The Sixth Data Protection Principle
The sixth DPA principle says that “Personal data shall be processed in accordance with the rights of data subjects under this Act” . The sixth principle gives rights to the individual in respect of personal data the organisation hold about them. Under this principle certain rights for individual are mentioned they are:
- Access to personal data.
- Preventing process likely to cause damage or distress.
- Prevent direct marketing.
- Automated decision making.
- Correcting inaccurate personal data.
Access to personal data is commonly referred to as subject access. It is created by section 7 of the DPA. This is mostly used by data subjects who want to see the copy of personal data which the organisation holds about them. The data subjects are entitled only to their own data. By giving a written request an individual is entitled to know whether any personal data is being processed. The organisation should also inform him the reasons it is being processed and whether it will be given to any other organisation.
The second right says that the data subject can demand the organisation to stop the processing if it causes damage or distress to the data subject. The individual can write an objection stating the damage or distress faced by them to the data controller. This is called