Data Protection Compliance in the UK: A Pocket Guide
By Rosemary Jay
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About this ebook
Data Protection Compliance in the UK has been published to be an easy-read introduction for any employee required to support compliance with the DPA. It is essential reading if you have a responsibility for the security of personal data, especially if you are a director, a manager or an IT professional.
Rosemary Jay
Rosemary Jay is a specialist lawyer in the area of information law advising national and international organisations having spent 25 years as a specialist since joining the Office of the Data Protection Registrar in 1987. Currently Rosemary is a Senior Attorney at Hunton & Williams LLP. She is a Fellow of the British Computer Society and speaks and writes widely on privacy and data protection issues.
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Book preview
Data Protection Compliance in the UK - Rosemary Jay
Data Protection Compliance in the UK
Data Protection Compliance in the UK
A Pocket Guide
Second edition
ROSEMARY JAY AND JENNA CLARKE
Every possible effort has been made to ensure that the information contained in this book is accurate at the time of going to press, and the publisher and the authors cannot accept responsibility for any errors or omissions, however caused. No responsibility for loss or damage occasioned to any person acting, or refraining from action, as a result of the material in this publication can be accepted by the publisher or the authors.
Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act 1988, this publication may only be reproduced, stored or transmitted, in any form, or by any means, with the prior permission in writing of the publisher or, in the case of reprographic reproduction, in accordance with the terms of licences issued by the Copyright Licensing Agency. Enquiries concerning reproduction outside those terms should be sent to the publisher at the following address:
IT Governance Publishing
IT Governance Limited
Unit 3, Clive Court
Bartholomew’s Walk
Cambridgeshire Business Park
Ely
Cambridgeshire
CB7 4EH
United Kingdom
http://www.itgovernance.co.uk
© Pinsent Masons LLP 2008, 2010
The authors have asserted the rights of the author under the Copyright, Designs and Patent Act, 1988, to be identified as one of the authors of the work.
First published in the United Kingdom in
2008 by IT Governance Publishing.
ISBN 978-1-84928-162-1
FOREWORD
Secure management of personal digital information has become a key organisational challenge for both the public and private sectors in the 21st century’s information age.
While headlines and news stories have been able to focus on a number of reported organisational failures to protect either personal or credit card data (or both), the reality is that there are many more organisations exposed to the sort of brand and market damage that prolonged negative headlines can have.
Regulators, of course, have their own view about the steps that organisations should be taking and, for all organisations operating in the United Kingdom; these include compliance at the very least with the requirements of Data Protection Act (DPA). Sanctions have become onerous and the potential penalties for non-compliance with the DPA are now significant. Other regulators (such as the FSA) are also taking steps to penalise organisations that fail to protect personal data, and these fines – as demonstrated by those imposed over the last few years – have been significant.
The Information Commissioner wants the DPA to go further than it does, and there is a growing expectation that breaches of the DPA will be automatically reported to the ICO.
Under these circumstances, everyone responsible for securing personal data within an organisation needs to have a practical understanding of their responsibilities under the DPA. Responsibility for securing personal data extends from members of the board