Data protection

Data protection in England is largely governed by the Data Protection Act 1998 which prevents businesses or organisations holding data on individuals in contravention of this Act. If your business requires you to store personal information then the Data Protection Act 1998 will apply to you and you should take legal advice on whether you are compliant with the Act or not.

Most businesses will need to be aware of the contents of the Data Protection Act as it requires that businesses holding personal information must comply with the eight principles it sets out. Information such as employees’ addresses or bank details come under the remit of the Act, hence it’s wide-ranging application. Some organisations will be required to report what they use personal information for to the Information Commissioner’s Office and it is important that you are aware of whether you are such an organisation.

Good information-handling for the purpose of the Act includes not holding data for excessively long periods of time, ensuring data is processed fairly and lawfully and ensuring that the data held is relevant. The data must also be kept secure and should not be sent outside of the European Economic Area unless the data is adequately protected.

The Data Protection Act is not the only relevant piece of legislation when it comes to the protection of data. You should be aware that provisions of the Regulation of Investigatory Powers Act 2000, the Human Rights Act 1998 and other regulations can have relevance in data protection.

If you would like to obtain legal advice on data protection law, or any related issue, Contact Law can put you in touch with a local specialist data protection solicitor / lawyer free of charge. So, if you have any questions or would like our help in finding data protection solicitors please call us on 0800 1777 162 or complete the web-form above.