What does this breach of the DPA mean

[jjandbump]

I am wondering if you can tell me what the breach in the Data Protection Act is in relation to debt collection agencies, i have seen it written now and again and just was hoping someone could clarfify this as all i seem to do is battle with rude and harrassing debt collectors.

 

Than You

[tomterm8]

Hi, jjandbump,

 

without knowing the details of your case, it is hard to assess whether any data Protection Principal has been breached.

 

The data protection act 1998 (available Data Protection Act 1998 (c. 29) ) was created to ensure that all data controllers (people who process your data) abide by certain principals when processing data. These are set out in schedule 1 of the act:

 

Part I The principles

 

1 Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless—

(a) at least one of the conditions in Schedule 2 is met, and

(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

2 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.

3 Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4 Personal data shall be accurate and, where necessary, kept up to date.

5 Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6 Personal data shall be processed in accordance with the rights of data subjects under this Act.

7 Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

8 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.

 

Further, there is a right to access of data held, within 40 days, on application in writing with a prescribed charge (£10 at the moment) and to request that a data controller correct inaccurate data and/or to seek directions from the court to do the same.

 

There is also a requirement for most data controllers to be registered with the Information Commissioners Office.