Explain in brief the enforcement of Data Protection. |
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Explain in brief the enforcement of Data Protection.
SOLUTION:
Basic Principles of Design Rights:
- If the Information Commissioner finds that the DPA has been breached by a DC, he serves an enforcement notice on DC.
- The notice identifies the breach or commission, and specifies how to correct it.
- Failure to comply is an offence.
- However, a DC may appeal it the DP tribunal.
- With the approval of the director of Public Prosecutions, legal proceedings may follow, which could result is a fine.
Enforcement Data Protection Act In Media:
- The DPA has special provision for journalism, and artistic or literary purposes.
- Basically, journalists may hold personal data for journalistic purposes only if the data are necessary to reconcile the rights to privacy with the rules governing freedom of expression.
- So, investigable journalists & political satirists or commentators are not treated as Data Controllers.
- Enforcement Data protection in internet.
- The UK/EU legislation seems fairly strong. But can trans-border transfer of data.
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