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Debunking six myths of the Data Protection Act

Debunking six myths of the Data Protection Act
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Recent security scandals have raised the profile of the Data Protection Act (DPA).
But 10 years after it was passed, many organisations still misunderstand it.
Sue Cullen of Pinsent Masons' information law team debunks some of the common myths.

Myth 1: The DPA says you can't market to people without their consent

No it doesn't.  All it says is that you have to tell people when you collect their information that it will be used for marketing. But individuals can object to marketing whenever they want under a DPA right, and electronic marketing (including phone and email) normally requires consent under the Privacy and Electronic Communications Regulations. 

Myth 2: You can't process my details without my consent

There is nothing in the DPA that stipulates that consent must be obtained for any specific processing operation. The Act offers six ways in which you can comply, you only need one, and only one of them is consent of the individual. 

Some people think that they can dictate to banks and other organisations as to how their information is used, but although there are limited rights to object to certain processing which causes distress, if processing is necessary for a contract, for example, then no consent is needed. 

Myth 3: We will never share your details with anyone else 

Not exactly true. Someone making this promise might not give customer data to a spammer but they may be forced to give it to the police. Alternatively, the company might be bought, in which case the customer data may pass to a new owner.


Team Outlaw

Posted by Team Outlaw on 31 Jan. 2008

This article was contributed by OUT-LAW.COM, part of international law firm Pinsent Masons. See http://www.out-law.com for further details.

Tags: Data Management, Data stuff