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Data Protection and UK Data Part 1

Written by Michael Coyle on 19 September 2014

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ata Protection and Data in the UK. Part 1

Data is big big business and the growth of the internet has led to a huge increase in the use and abuse of personal data processed by businesses. So whilst consumers are becoming more and more confident as they interact with the Internet, so to, have businesses as they cultivate and collect the data consumers leave on line. Its worth a fortune, with the British government estimating that it will have created 58,000 new jobs and added £216 billion to the UK economy by 2017. So from Faceboook, to You Tube. Your ISP to your bank to your Local Authority they all use data.
What laws apply?
English and Welsh law and their Data obligations can be found under the Data Protection Act 1998 (DPA) which applies to the processing of data, English and Welsh law and their Data obligations can be found under the Data Protection Act 1998 (DPA) which applies to the processing of dataregardless of whether it is carried out online or offline. Anyone who processes data ought to be registered under the DPA via the Information Commissioner's Office (ICO). The latter is a government body who is responsible for enforcing and overseeing the DPA.

Meaning of personal data and processing

The DPA imposes obligations on those who are involved in the "processing" of "personal data". Personal data includes an individual's name and address as well as an email where it identifies a living individual. 

The Court of Justice of the European Union (ECJ) principle case on personal data is Lindqvist (Case C-101/01) [2003] ECR I-12971.

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