Resources

Using the Data Protection Act - a primer


One of the questions frequently asked of Civil Liberty concerns the Data Protection Act (DPA).We have compiled this brief guide to the DPA and the basic procedures to be implemented when attempting to access personal information from organisations and public bodies.

We can use the DPA 1998 to obtain personal information held by organizations and public bodies. The cost is £10 per application and for most requests you may need to supply TWO items of identity and an address.

You can use this format for your request if needed be:

 "Please could you supply me with all information that  I am entitled to under Section 7(1) of the Data Protection Act 1998 regarding all information that you hold concerning myself and all details of other organiations who you have passed this to. I enclose £10 (a cheque or postal order, don't send cash) to cover the costs of collating the information. I give you the statutory 40 days to collate this information and provide me with it".

 Preventing Processing of Information

You have the right to send a notice to an individual  or organisation who is processing your information,  requiring them, within a reasonable time, to stop the  processing. This is called a 'data subject notice'.

Any person or organisation processing personal data is known as a data controller.

The notice must be in writing and may be in the form of a letter. You should ensure that the notice is dated and must make clear the following

# your identity and the personal data to which you refer.

# the nature of the processing and whether it is the processing for a specified purpose or in a specified manner to which you object.

# when you require the processing of personal information about you to cease (this must be at the end of a period which is reasonable in all the circumstances ) or that you require the data controller not to begin processing personal information about you.

# that the processing of personal information about you, for that purpose, is causing or is likely to cause you or another person substantial damage or distress which is unwarranted.

# the reason why you believe that the processing is causing or is likely to cause you or another person substantial unwarranted damage and/or distress.

The notice must be sent to the data controller. If you are sending the notice by post, it is best to send it by recorded delivery. The notice may be transmitted by electronic means as long as the data controller is able to identify you, and the personal information to which you refer from your notice and that the notice is capable of being used for subsequent reference.

You should keep a copy of the data subject notice and the reply you receive from the data controller together with all other correspondence. Record the dates of any communications, as this will be important evidence for the court or for the Information Commissioner.

This procedure can be used against politically correct monitoring bodies, such as the Commission for Racial Equality, Searchlight, government departments, local authorities, etc. For further information, contact the Information Commissioners. Their website is on the 'Links' section of this website.