Photo AI
Explain the term 'data protection' under the terms of the Data Protection Acts 1988 and 2003 - Leaving Cert Business - Question 1 - 2013
Question 1
Explain the term 'data protection' under the terms of the Data Protection Acts 1988 and 2003. Discuss the functions of the 'data protection commissioner' under the ... show full transcript
Worked Solution & Example Answer:Explain the term 'data protection' under the terms of the Data Protection Acts 1988 and 2003 - Leaving Cert Business - Question 1 - 2013
Step 1
Explain the term 'data protection' under the terms of the Data Protection Acts 1988 and 2003.
Answer
Data protection refers to the means by which the privacy rights of individuals are safeguarded concerning the processing of their personal data. The essence of data protection is to ensure that individuals can control how their information is used.
It ensures that any personal data processed is accurate and adheres to a set of standards for processing such data. The term encompasses both automated and manual data.
Moreover, the information maintained must be accurate and up-to-date, with appropriate security measures in place to safeguard it. Importantly, the rights of individuals must not be subjected to automated decision-making; rather, there should always be human intervention in significant decisions affecting individuals.
Step 2
Discuss the functions of the 'data protection commissioner' under the terms of this act.
Answer
The data protection commissioner has several critical functions as outlined by the Data Protection Acts 1988 and 2003:
-
Enforcement Powers: The commissioner assists in ensuring compliance by data controllers to provide necessary information and correct personal data handling practices.
-
Investigation of Complaints: The commissioner investigates complaints made by the general public concerning data privacy breaches or mishandling of personal data.
-
Annual Reports: The commissioner publishes annual reports identifying data controllers who were subject to action by the office, enhancing transparency and accountability.
-
Register of Data Controllers: Maintaining a register of data controllers is another essential role. This register provides insight into the data practices of various entities, such as government and financial institutions.
-
Special Duties: Additional responsibilities may arise at the request of the Minister to facilitate governmental oversight of data protection.
-
Information Notices: The commissioner has the authority to request any individual to provide information required to perform their function effectively.
-
Prohibition Notices: Under the Data Protection Acts, the commissioner can prohibit the transfer of personal data from the state if such a transfer poses risks to the individual's rights.
-
Authorized Officer: To carry out its functions effectively, the commissioner can designate an authorized officer to carry out investigations and ensure compliance.