DATA PROTECTION ACT, 1998 IMRAN WAJID

Attorney at Law
WHAT IS THE DATA PROTECTION ACT
It is defined as:-
The legal control over access to and use of data stored in computers.
Data protection is the process of safeguarding important information from corruption,
compromise or loss.
The importance of data protection increases as the amount of data created and
stored continues to grow at unprecedented rates.
PRINCIPLES OF DATA PROTECTION
Following are the principles of Data Protection:
First principle - Personal data shall be processed fairly and lawfully.
Second principle - Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be
further processed in any manner incompatible with that purpose or those purposes.
Third principle - Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which
they are collected or processed.
Fourth principle - Personal data shall be accurate and, where necessary, kept up to date.
Fifth principle - Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that
purpose or those purposes.
Sixth principle - Personal data shall be processed in accordance with the rights of citizens.
Seventh principle - Appropriate technical and organizational measures shall be taken against unauthorized or unlawful
processing of personal data and against accidental loss or destruction of, or damage to, personal data.
Eighth principle - Personal data shall not be transferred to a country or territory outside the European Economic Area, unless
that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the
processing of personal data.
WHY THE NEED FOR DATA PROTECTION?
The reason for Data Protection is discussed as follows:
With more and more organizations using computers to store and process personal
information there was a danger the information could be misused or get into the
wrong hands. A number of concerns arose:
I. Who could access this information?
II. How accurate was the information?
III. Could it be easily copied?
IV.Was it possible to store information about a person without the individual’s
knowledge or permission?
V. Was a record kept of any changes made to information?