Uk data protection act 2003 pdf




















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Confidentiality is assured. Our lawyers will set usually out the likely costs before carrying out a particular element of legal work. The Data Protection Act The Data Protection Act controls how your personal information is used by organisations, businesses or the government. View a printable version of the whole guide. Explore the topic Your rights and the law.

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What were you doing? Could you apply low-level aggregation of data, like moving to a larger spatial unit or transforming age from a continuous variable into a discrete categorical one? Can dates, times, or measurements be rounded? In any case, it is best practice to create a log of anonymisation undertaken and to flag anonymised identifiers so it is clear that something is anonymised.

Finally, can data be shared in a restricted environment? Most standard archive and data re-use agreements have a clause prohibiting third party attempts to either identify or re-contact participants.

In other cases, controlled access environments and applying approved researcher status may be a way to responsibly share research data to a limited extent. Consequently, data in these approaches is not anonymised even if it is subject to tighter access conditions or an embargo period.

It protects exemptions for research data on reuse but tightens the principle of informed consent, expands the definition of personal data, and contains stronger penalties for data protection breaches. Sensitive personal data includes an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation. The law now includes genetic and biometric data as well as online identifiers.

Data on an individual's criminal convictions is also included but is subject to even tighter controls. Informed consent is a strong theme throughout the regulation. While consent isn't the only grounds for processing personal data, from a research perspective lawful processing of personal data is almost always based on consent Article 6, 1. The UK Data Protection Act defines consent as being lawful from the age of 13 although the regulation allows other EU member states to vary that age to as high as 16 Article 8, 1.

There is a requirement to be able to demonstrate consent has been given Article 7, 1 and that subjects have the right to withdraw consent Article 7, 3. Informed means the subject is aware of who is collecting the data and why. The Regulation states: "Consent should not be regarded as freely given if the data subject has no genuine or free choice or is unable to refuse or withdraw consent without detriment.

The regulation does allow for exemptions on revealing personal data where explicit consent is allowed by law and has been given by the subject Article 9,1.



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