290CT Studio 1

Task: To look at four example cases and decide
(a) which principles of the Data Protection Act are relevant and why
(b) whether the case is not allowed by the Data Protection Act

Case One:
(a) Principle 4 is relevant because the data provided about the Mr Wiggins in this case study was not accurate.

(b) This is difficult as the data held about a different Mr Wiggins is correct but it just got given incorrectly by what was probably an administration error. So in my view it has not broken the data protection act. But Mr Wiggins should get his job back and his record should be cleared.


Case Two:
(a) Principle 4 is relevant because its been estimated that 85% will contain at least one error and for data to be inaccurate or out of date is against principle 4.

(b) From the moment that a person recieves an inaccurate Criminal Record this is a breach of the Data Protection Act as the person knows the data held about them is incorrect and they are able to sue the police.


Case Three:
(a) This case is talking about Principle 1 that says that data must not be processed unless people give consent. And it seems that the National Consumer council want this to read: Data must only be processed if people do give consent. Also its hard to know whether a tick box classed as informed consent.
Principle 2: If the company do not list all of the purposes that the data could be used for by the companies they sell your information to they are in breach of principle 2 as data shall only be used for one or more specified purposes.
Principle 6: Personal data has to be processed how we want it to be at the end of the day and with our rights taking top priority, so doing it a different way may help but it may not as people are already used to how it works.

(b) Nothing to do with the DPA is in breach at the moment.


Case Four:
(a) Principle 1: The data has been removed from the phonebook and stored somewhere else for no valid reason.
Principle 2: The person agreed for their information to be in the phonebook but not on a website or CD.
Principle 6: The person must be informed that their data is being used somewhere else and a person would not be in this case.
Principle 7: You would not know if the people that now hold the data on a CD for example have taken measures to protect it from being lost etc.
Principle 8: Having the information on the internet is classed as abroad.

(b) In this case I believe there would be a case with the DPA because principles have clearly been broken.