The Role of the Data Protection Act 1998 - Case Study Example

Introduction It is widely acknowledged that knowledge is always an instrument of empowerment. Still within this milieu intellectuals like Francis Bacon remain convinced that the central element contained in this significant power inherent in knowledge lies in the possession of information. Whilst it should be stressed that information in its absolute form does not amount to power; on the contrary it is the possession, use and control of this information that creates the enabling empowering environment. Conscious of this telling fact, civil society organizations brazed up to meet the rising challenges and prospects that comes with the possession of information in the citadel of political institutions has resulted in an ineffective imbalance between the political elite and the citizenry took up a massive campaign to reverse the trend; a product of this campaign has being the extension of these provisions to include the infamous Data Protection Act 1998. Notwithstanding these significant success chucked, a few years down the line the Act has generated mixed feelings and also generated unprecedented public interest. It is against this background that the central focus of this essay will be to conduct an exhaustive analysis of the most contending issues in the Data Protection Act 2000 within the context of the application of it to contemporary issues. Some observers are of the opinion that the innumerable exemptions in the Act have rendered it so feeble that it barely serves the purpose for which it was enacted. Whilst on the other hand, another school of thought holds a completely contrasting view of the Act as being an instrument that is lavishly granting arbitrary intrusive powers that are by themselves self-destructive; they primarily threaten social cohesion and sense of individuality. A Closer Look at the Data Protection Act 1998 Essentially, the Data Protection Act 1998 is part of the general legal system that already has a number of legislations that boarder on the rights of information. They include among others the Common Law of Confidentiality, the European Convention on Human Rights and the Data Protection Act 1998 The government of the United Kingdom enacted and implemented the Data Protection Act 1998 through her parliament to provide the platform through which individuals are to be bestowed with the right to maintain a significant level of information from being disseminated to the public or third persons. In order words it can be said to be a form of privacy policy that safeguards the individual and other natural persons connected to him or her from needless intrusion. It should be noted that the enactment of the Act is fundamentally a fulfillment of the Labor Party’s election campaign promise during the 1997 general elections. Essentially, the legislation as implemented in the United Kingdom1 seeks to serve citizens within the broader framework of both the parliament of Scotland and the parliament of the United Kingdom. Taking cognizance of the sensitive nature of the Act the government was convinced that the most prudent approach to be adopted in managing the process is to opt for a gradualist approach as a guide to the implementation process. Consequently, the Act was implemented in phases culminating into the tentative Act that guaranteed the deliberate choice of maintaining individual or private information been from being propagated. The entire Data Protection Act is engulfed in a deep sense of misunderstanding as to what it is and what it is not. Depending on the circumstance and motives surrounding the need for either the application or withdrawal of personal and public data, the interpretation of the Act engenders controversies. The Main Elements of the Data Protection Act 1998 The main focus of this section is to discuss the contending issues that are enshrined in the Act providing a simplified version of all the provisions in the Act with regards to the acquisition, management, and propagation of information or data either for commercial, public interest or individual purposes. 1 The use of Data should be contingent with the stated specific purpose(s) for which such an information was requested; 2 It is an infringement of the tenets of the Act for Data requested and obtained about an individual(s) to be disseminated without the prior consent of the individual(s) in question except under grounds of legitimate superior legislation that mandates for such an action to be taken whilst also stressing that an individual(s) have a right to access any information that is primarily about him or her except under stated conditions; 3 Personal information ought to be held within the stated period for which the data and information is valid for; 4 It is against the Act for personal information and data of individuals to be disseminated outside the geographical boarders of the European Economic Area within the approving consent of the individual in question under stated agreement that will regulate the dissemination process and this must be agreed by the person in question also; 5 With granted exceptions to institutions that are solely engaged in the acquisition the processing of primary information for domestic purposes all other institutions with a desire to do so ought to formally register with the information commissioner for permission to engage in this exercise. Sample of Data Protection Clause for a Hypothetical Firm Called Alengajua Inc. Going by the fact that Alengajua Inc is a limited liability company that is into business for primarily enhancing the profit scale of its owners and shareholders means that we must of necessity make a forma registration with the office of the Information Commissioner before full mandate will be issued to enable us proceed with our business activities which certainly includes the intermittent sourcing, management and dissemination of information and data that might involve the private lives of natural persons and of course sometimes established institutions. Below are provisions that will guide the practice from the day of institution until the Alengajua Inc will cease to exist or depending on relevant amendments to the legislation will compel us to comply with. Until search a situation takes place the provisions listed below will be upheld. A) All information sourced about an individual as part of our operations should be strictly protected except under specific conditions that outline the consent of the individual in question approving the dissemination of the data. The protection of the data should fundamentally highlight the following provisions: • the nature of the personal data; • the territory of origin of the information contained in the data; • the territory of final destination of that information; • the purposes for which and period during which the data are intended to be processed; • the law in force in the country or territory in question; • the international obligations of that country or territory; • any relevant codes of conduct or other rules which are enforceable in that country or territory (whether generally or by arrangement in particular cases); and • any security measures taken in respect of the data in that country or territory. Read More