Introduction to the Data Protection Act

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Introduction to the Data Protection Act

The Data Protection Act 1998 is a piece of legislation designed to safeguard details relating to living people. It controls what organisations are allowed to find out about you, limits how they store and process this knowledge, and gives you the right to inspect your details and to correct them if they are wrong.

Data Protection Principles

The Data Protection Act sets out eight principles that form its basis. In basic terms, these principles are as follows, each relating to personal data:

  • It shall be processed in a fair way.
  • The purpose for which it was obtained shall be specified, and it shall not be processed for some other purpose.
  • It shall be adequate and relevant, and not excessive for its purpose.
  • It shall be accurate and kept up to date.
  • It shall not be kept for longer than is necessary.
  • Subjects have the right to access and correct what is held about them.
  • Appropriate technical and organisational measures shall be put in place to protect it.
  • It shall not be transferred to a country outside the European Economic Area unless that country has adequate laws of its own.
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What Is Personal Data?

The protection principles apply to personal data. So, what is it?

In short, it is anything that can be used to identify a living person. This includes both information directly stored with an individual’s credentials, and more loosely bound records that could be matched up with an individual by subsequent processing.

Such personal data includes, but is not limited to, the following:

  • names
  • addresses
  • dates of birth
  • telephone numbers
  • email addresses
  • religion
  • race
  • political allegiance
  • medical history

Except for some specific exceptions, the Act relates to records held on computers.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Your Rights

Under this legislation, you have the following rights:

  • to gain access to computerised records about you and to some manual records
  • to correct, block, remove or destroy inaccurate records
  • to ask a data controller not to process information if that processing could cause you “substantial unwarranted damage or distress” (although they are not always bound to comply with such requests)
  • to request that your details not be used for unsolicited direct marketing
  • to object to automatic decisions made without human involvement and based on your data
  • to ask the Information Commissioner’s Office to investigate a perceived breach, and the right to claim compensation for damage, and possibly distress, if one is found to have taken place

Applications of the Act in your Workplace

There are two main reasons why you should make sure you understand the basics of this law. First, it applies directly to you. Your employer holds information about you, and it is in your own interests to ensure that they are complying with this legislation. This will ensure that the data they hold on you is not excessive, but is correct and is kept confidential. A second consideration is that if you are handling other people’s records you have a responsibility to treat their privacy with respect, and to comply with this law. By doing this, you keep your company’s customers happy and protect yourself and your employer from the threat of legal action.

*The EU General Data Protection Regulation (GDPR) superseded the UK Data Protection Act 1998 on May 25, 2018. Following Brexit, the UK implemented the UK GDPR alongside the Data Protection Act 2018, which came into effect on January 1, 2021. These policies expand the rights of individuals to control how their personal data is collected and processed and place a range of new obligations on organisations to be more accountable for data protection.

Organisations are obliged to have technical and procedural measures in place to safeguard the personal information they hold.

The Next Step

Workplace Privacy Checker

Now that you have read through the advice above, you might want to put it into practice. Our Workplace Privacy Checker lets you describe what your employer is monitoring or asking for and find out whether it is lawful under UK privacy and data protection law. Try it now →

Ask Employee Privacy Rights a Question
L 20/03/2024 at 5:41 pm
I have an altercation with someone at work and it has gone to a disciplinary hearing and I’ve received a case file and it has letters that the person I had an altercation with had received with their address on that means they now have my address they would’ve received the same file is this against the data protection act considering there was an aggressive altercation ?
Chris 20/02/2024 at 5:43 pm
My manager gave my personal phone number to somebody outside of the company. Is this allowed?
SRM95 10/09/2021 at 11:00 am
My work place changed locks after I left the building yesterday (I open the building and was the only one on that shift that week). I received phone calls and text messages from my work out with working hours telling me to come collect the new key. I was busy so couldn’t. When asked where they got my mobile number (personal) they informed me that they got this off the Track and Trace information provided by myself.
I came in this morning (there is another way of getting into the building that avoids the door with the new lock). A couple of hours later the building manager comes in and asks me if I got the key. I asked her what she was talking about and she informed me that a member of staff got my address and was coming to my door to give me the key. I have since found out they phoned my line manager who willingly gave them my address (which luckily turned out to be incorrect) without my permission but informed them that she would contact me. I had no attempt of contact from my manager yesterday to tell me this.
Where do I stand with this? I am an extremely private person who has had to create boundaries with my work previous but now both my number and address have been used by people I do not know. Help!
Mikki 29/05/2021 at 6:08 am
I resigned from my post and on my last day, my manager was off so he gave access to my data to his subordinates who also had a manager title.
Can managers give access of another employee to another subordinate just because they also have the manager title ?

Does this constitute a breach of data.
Dav 05/05/2021 at 10:28 am
My work has given my address out to another work colleague to hand deliver letters on a couple of occasions and a colleague knocked on my door and then delivered the same letter.
Churchill 28/03/2021 at 7:38 am
A colleague invited me to read (but I declined) another colleagues personal file which had been left in a box in archives. A room freely accessed for numerous reasons e.g resources etc. This person left the company at Christmas and I am still in touch with him. Surely his private data is not for public viewing ? I was disgusted as the person reading it disclosed sensitive information. Now I am stuck what to do.The manager gave her permission to read it but surely this is not allowed.
Angelina Gibson 23/02/2021 at 11:03 pm
Is my employer able to force me to wear a name badge displaying my full name? I feel it’s too much personal identifying information
Mel 12/02/2021 at 6:29 pm
A friend in a call centre is concerned as the new manager has started emailing weekly stats which show all her teammates toilet break times, call times etc as she feels this is none of her business. Is this a breach of GDPR? (Thinking if people are unwell and suddenly use the toilet more / menstruating / pregnant etc)
Steve 09/02/2021 at 12:25 pm
Hi there,

Can my employer share my address with a line manager as I have had a line manger come to my house to call me into work as I’m flexi furlough and my mobile was switched off does this breach GDPR
NC43 27/01/2021 at 8:54 am
My HR manger gave another employee my personal mobile number is this alowed, against GDPR?
GB 25/01/2021 at 11:24 am
At college in the nursery I work in has recently given a parent of a child I care for my personal home address, is this right?
MB 21/01/2021 at 6:56 am
Does my manager have the right to share my personal mobile number with a director without my permission?
MH 11/01/2021 at 1:27 pm
A team member shared I was having the vaccine with her family and friends - is this a GDPR breach?
Eddie 11/12/2020 at 6:17 pm
On two occasions recently my employer has given a fellow employee, my address to hand deliver letters to me is this legal? As I’m concerned they are giving out my address without my permission.
Rich007 03/12/2020 at 1:41 pm
Hi there, I was off due to an illness and my employer was telling everyone down where we take our vans to get repaired about how and why I was off sic....is this a breach in data protection or not
H 02/10/2020 at 7:11 am
Is it legal for your manager to carry your details ie wage slips on their phone or is it a breach also I'm not being given wage slips he is keeping them unable to check pay etc is right
Jayne 04/09/2020 at 7:12 am
Previously my wage slips were available through Xero and is password protected. I have left this job and he has sent my payslips along with my P45 via email and copied a member of his family and a co worker who is not a Director. As you can imagine my DOB, address N.I. Is that appropriate under GDPR
Pauline 14/07/2020 at 10:07 am
Can a agency consultant share information given by the temp worker {email} to the employer either verbally or by email...
Misiek 25/06/2020 at 7:11 pm
Hello
On my eife work place
Som one ar send privet personal information to somone
Wat shuld we do now..
KA 22/05/2020 at 10:24 am
My ex employer told my ood colleagues that they had not passed my probation and had let me go, is this allowed? I feel humiliated and angry that they have discussed what should have been a personal and private discussion with my old colleagues. Is this allowed?
My boss also sent my personal mobile number to my colleagues without my consent prior to letting me go, is this allowed?
Show All 77 Questions

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