Personal Data Protection

Personal data (2012, Online) means “data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller”. The Data Protection Act 1988 – 2003 guarantee individuals right to protection their personal data and explain duties of Data Controllers. This act apply to organizations that uphold information on individuals which can contain telephone number, address, account details, nationality, religion, physical or mental health and/or other sensitive information.

The Data Protection Commissioner has approved a personal data security breach Code of Practice to help organisations to react appropriately when they become aware of breaches of security personal information they maintain. The Data Controllers are required to:

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• collect and process information fairly
• keep them only in one or more specified and legal purposes
• use information for the purposes for which their were collected
• keep them safe and secure keep them accurate, complete and up-to-date
• not stored them longer than is necessary

Every person may obtain a copy of their entire personal data by written request to any organization or individual who holds personal information, unless the Government instructs the Data Controller to withhold the information, data subject also has a right to correct any inaccurate information or, in some cases, such information can be completely removed.

The Code of Practice does not apply to providers of publicly available electronic communications networks or services. Providers of publicly available electronic communications networks or services are required to have a security policy, ensure that personal data can only be used by authorised personnel for specified purposes and protect personal data against unlawful use or access.

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