What is the data protection 1988 and 2003 summary? The Acts regulate how employers collect, store and use personal data held by them about their employees (past, prospective and current). This article is an informal consolidation of the Data Protection Acts 1988 and 2003, prepared by the Office of the Data Protection Commissioner.
Data Protection 1988 And 2003 Summary
This is an unofficial version of the Data Protection Acts 1988 and 2003. It is a guide only, but if there is any difference between this version and the official law, the official law prevails.
The Data Protection Acts 1988 and 2003 protect the rights of individuals to privacy and data protection. Also, impose obligations on data users or data controllers in respect of personal data.
Personal data is information relating to an identified or identifiable natural person. “Natural person” means a living individual who is (or can be) physically seen or heard.
A natural person can, directly or indirectly, by reference to an identification number or one or more factors specific to his physical, physiological, mental, economic, cultural, or social identity.
Duties of Data Users/Data Controllers
Data users may disclose personal data to a third party, and they take reasonable steps to ensure that the third party will use the information only for the purposes for which it was disclosed.
An employee may request in writing from his immediate manager or a person designated by the employer access to personal data held about him. The employer must provide access free of charge, subject to certain exemptions where access.
However, an employer may refuse to grant access if, in its opinion, the request is frivolous or vexatious. Also, it is for a purpose other than that of exercising rights under the Acts.
The employer must provide an employee with a copy of any statement relating to him that it holds. This includes a statement that has been by the employer.
But only to the extent that the alteration does not materially mislead. Also, if the information is in one language, an employer must provide a translation in another language.
Employee Rights
The Acts prohibit an employer from imposing any condition or requirement which could limit the exercise of rights under the Acts. It also prohibits an employer from dismissing or penalizing an employee for exercising his rights under the Acts.
An employee may make a claim to the Data Protection Commissioner about any alleged breach of either of the Acts. The Commissioner can investigate and mediate any claim.
Where appropriate, he has the power to issue compliance notices and to enforce determinations of his office by the Circuit Court. An employee also has the right to bring civil proceedings against an employer who violates the Acts.
Challenges
The Data Protection Acts 1988 and 2003 have been the subject of much debate in recent years.
The Data Protection Commissioner has said that many employers do not comply with the law. However, according to his report, only one prosecution has taken place to date.
The Commissioner is seeking legislative change that would result in harsher penalties for breaches of the Acts. This is being some employers’ organizations.
Conclusion
Any employee who believes that his employer has breached the Acts, or has been unfairly penalized for exercising his rights under the Acts, may claim the Commissioner. In the event of a dispute, the Commissioner has the power to use mediation to resolve any issues.