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pl1p

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  1. I suggest everyone to read this. particularly the sections relating to "infringement notifications" http://www.ofcom.org.uk/consult/condocs/copyright-infringement/condoc.pdf This is proposed Online Infringement of Copyright and the Digital Economy Act 2010 Draft Initial Obligations Code It could be argued that ACS:Law are taking advantage of the fact that these obligations are not in place as of yet and are trying to "harvest" as much as they can before they come into force.
  2. Subject access request Criminal offences A data controller who persistently breaches the Act and has been served with an enforcement notice can be prosecuted for failing to comply with a notice. This offence carries a maximum penalty of a £5,000 fine in the magistrates' court and an unlimited fine in the Crown Court. Notification offences: unless exempt a data controller can be prosecuted if they fail to notify us about data processing they are doing or of any changes to that processing. Failure to notify is a strict liability offence. Being unaware of the law is not an excuse. Examples In March 2009 Mr Thusita Weerakoon of Weerakoon Solicitors was fined £100 and ordered to pay £717.05 costs for failing to notify as a data controller under the Data Protection Act. Ian Kerr of Droitwich was fined £5,000 for failing to notify as a data controller. We investigated Mr Kerr after finding that he was running a secret operation to vet construction workers for employment in the industry. Unlawful obtaining or disclosing of personal information: it is a criminal offence to knowingly or recklessly obtain, disclose or procure the disclosure of personal information, without the consent of the data controller. Subject Access Requests - Can have exemptions eg. If a CRIME has been commited. However, since this may be CIVIL the exemption may not apply Would be interesting to see what would happen if EVERYONE made a subject acces request at the same time.....
  3. define DIVINE devoted to or in the service or worship of a deity DEFINE:deity any supernatural being worshipped as controlling some part of the world or some aspect of life or who is the personification of a force DEFINE:spiritual being: an incorporeal being believed to have powers to affect the course of human events DEFINE:incorporeal incorporeality - immateriality: the quality of not being physical; not consisting of matter Satan (Hebrew: הַשָׂטָן ha-Satan ("the accuser"); Persian "sheytân"; Arabic: الشيطان al-Shaitan ("the adversary") - both from the Semitic root: Ś-Ṭ-N) is an embodiment of antagonism that originates from the Abrahamic religions, Judeo-Christian and Islamic religions) chief spirit of evil and adversary of God; tempter of mankind; master of Hell
  4. right. before this goes any further with paranoid accusations of who I am and what have you, lets make this very clear. I am not anyone apart from a ****ed off person like the rest of everyone on here who (by association) has ben caught up in this nightmare erroneously. As to why I may or may not know a bit about some aspects of the law. I studied the data protection act 1998 as part of my "legal, Professional and Ethics" course within my masters degree of Advanced Computer Science. I simply put the information on there to give some advice of what the data protection act is and how it affects everyone on here; what the obligations are to person that handle data and what their obligations are to you; make of it what you will.
  5. Data controllers A data controller is the person who determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. In other words, you will be a data controller if the processing of personal data is undertaken for your benefit and you decide what personal data should be processed and why. A typical example of a data controller is an employer. Personal data Personal data means data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, the data controller. For example, most organisations will process personal data relating to employees, customers, suppliers and business contacts. These individuals are referred to in the Act as 'data subjects'. Processing The Act applies when personal data is processed or is to be processed by a computer, or is recorded or to be recorded in a structured manual filing system. There are other types of system covered by the Act, but these are the most common. Whether or not manual files are covered by the Act is not always an easy question to answer. To be covered: there must be a set of information relating to individuals, which is structured either by reference to individuals or by criteria relating to individuals, in such a way that specific information relating to particular individuals is readily accessible. If your manual files fall within this definition, you will have to comply with the Act. The term 'processing' covers virtually any use which can be made of personal data, from collecting the data, storing it and using it to destroying it. In order to comply with the Act, a data controller must comply with the following eight principles: The data should be processed fairly and lawfully and may not be processed unless the data controller can satisfy one of the conditions for processing set out in the Act. Data should be obtained only for specified and lawful purposes. Data should be adequate, relevant and not excessive. Data should be accurate and, where necessary, kept up to date. Data should not be kept longer than is necessary for the purposes for which it is processed. Data should be processed in accordance with the rights of the data subject under the Act. Appropriate technical and organisational measures should be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. Data should 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 Purposes of processing Data subjects must be given information about the purposes of the processing. This information is generally provided in the form of a data protection notice, which can be given in application forms, terms and conditions, by telephone or on a website. The information to be set out in a data protection notice must include a description of: details of the data controller; the purposes for the processing, including any non-obvious purposes (e.g. cross-mailing, host mailing); details of any recipients of the personal data (e.g. other companies within the group) and their purposes; an opt-out / opt-in to marketing, as appropriate; a description of the methods to be used for contacting individuals for marketing purposes (e.g. telephone, fax, SMS, email and/or mail); and any other information that is necessary to make the processing fair (e.g. whether it is obligatory to provide all the information requested or whether provision of some of that information is optional). Rights of individuals Data controllers must give the following rights to data subjects: the right of access to his or her personal data; the right to object to certain processing causing substantial damage or distress; the right to object to automated decision taking; and the right to object to direct marketing.
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