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42-557: The Data Protection Act 1998 (c. 29) (DPA) was an Act of Parliament of the United Kingdom designed to protect personal data stored on computers or in an organised paper filing system. It enacted provisions from the European Union (EU) Data Protection Directive 1995 on the protection, processing, and movement of data. Under the 1998 DPA, individuals had legal rights to control information about themselves. Most of

84-442: A Westminster system , most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a " white paper ", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this is known as a private member's bill . In territories with

126-549: A multicameral parliament, most bills may be first introduced in any chamber. However, certain types of legislation are required, either by constitutional convention or by law, to be introduced into a specific chamber. For example, bills imposing a tax , or involving public expenditure , are introduced into the House of Commons in the United Kingdom, Canada's House of Commons , Lok Sabha of India and Ireland's Dáil as

168-487: A "relevant filing system". In some cases, paper records could have been classified as a relevant filing system, such as an address book or a salesperson's diary used to support commercial activities. The Freedom of Information Act 2000 modified the act for public bodies and authorities, and the Durant case modified the interpretation of the act by providing case law and precedent. A person who had their data processed had

210-486: A bill that has been approved by the chamber into which it was introduced then sends the bill to the other chamber. Broadly speaking, each chamber must separately agree to the same version of the bill. Finally, the approved bill receives assent; in most territories this is merely a formality and is often a function exercised by the head of state . In some countries, such as in France, Belgium, Luxembourg , Spain and Portugal,

252-542: A fee if it thinks the request is 'manifestly unfounded or excessive'. If so, it may ask for a reasonable fee for administrative costs associated with the request." Compliance with the Act was regulated and enforced by an independent authority, the Information Commissioner's Office, which maintained guidance relating to the Act. In January 2017, the Information Commissioner's Office invited public comments on

294-460: A living individual. Anonymised or aggregated data was less regulated by the Act, provided the anonymisation or aggregation had not been done reversibly. Individuals could have been identified by various means including name and address, telephone number, or email address. The Act applied only to data which was held, or was intended to be held, on computers ("equipment operating automatically in response to instructions given for that purpose"), or held in

336-473: A matter of law. Conversely, bills proposed by the Law Commission and consolidation bills traditionally start in the House of Lords . Once introduced, a bill must go through a number of stages before it can become law. In theory, this allows the bill's provisions to be debated in detail, and for amendments to the original bill to also be introduced, debated, and agreed to. In bicameral parliaments,

378-483: A number of exceptions in Part IV. Notable exceptions were: The Act granted or acknowledged various police and court powers. The Act detailed a number of civil and criminal offences for which data controllers may have been liable if a data controller failed to gain appropriate consent from a data subject. However, consent was not specifically defined in the Act and so was a common law matter. The UK Data Protection Act

420-646: A reasonable fee for administrative costs associated with the request. Before the General Data Protection Regulation (GDPR) came into force on 25 May 2018, organizations could charge a specified fee for responding to a SAR, of up to £10 for most requests. Five federal laws include a right of access to personal data: In addition, some state laws like the CCPA California Consumer Privacy Act have started to include this right. Data flows between

462-421: Is called the right of access. You exercise this right by asking for a copy of the data, which is commonly known as making a ‘subject access request. ... A copy of your personal data should be provided free in a commonly used and machine readable format. An organization may charge for additional copies. It can only charge a fee if it thinks the request is 'manifestly unfounded or excessive'. If so, it may ask for

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504-622: Is defined in various sections of Article 15. There is also a right to access in the GDPR's partner legislation, the Data Protection Law Enforcement Directive. The European Data Protection Board (EDPB) has considered it "necessary to provide more precise guidance on how the right of access has to be implemented in different situations". When the EU Directive is transposed into Member State national law,

546-515: Is its first comprehensive data protection regulation. According to LGPD, subject access requests need to be fulfilled within 15 days. The right of access is enshrined as part of the fundamental right to data protection in the Charter of Fundamental Rights of the European Union . It is in fact the only one of the practical rights relating to personal data that is listed there. In the GDPR , this right

588-480: Is laid out as part of Part IV, chapter 21 which states that on request of an individual, an organization shall, as soon as reasonably possible, provide the individual with: In the United Kingdom, the website of the Information Commissioner's Office states regarding Subject Access Requests (SARs): You have the right to find out if an organization is using or storing your personal data. This

630-406: Is often implemented as a Subject Access Request (SAR) or Data Subject Access Request (DSAR). The aspirational Sustainable Development Goal 16, target 9, calls for the provision of legal identity for all human beings. "In the digital economy, this becomes the right to a digital identity." Such an identity could help in filing subject access requests. Brazil's General Data Protection Law (LGPD)

672-570: Is one of the most fundamental rights in data protection laws around the world. For instance, the United States, Singapore, Brazil, and countries in Europe have all developed laws that regulate access to personal data as privacy protection. The European Union states that: "The right of access occupies a central role in EU data protection law's arsenal of data subject empowerment measures." This right

714-448: Is passed by Parliament it becomes an act and part of statute law. There are two types of bill and act, public and private . Public acts apply to the whole of the UK or a number of its constituent countries – England, Scotland, Wales and Northern Ireland. Private acts are local and personal in their effect, giving special powers to bodies such as local authorities or making exceptions to

756-465: The Parliament of England did not originally have titles, and could only be formally cited by reference to the parliamentary session in which they were passed, with each individual act being identified by year and chapter number. Descriptive titles began to be added to the enrolled acts by the official clerks, as a reference aid; over time, titles came to be included within the text of each bill. Since

798-646: The Parliament of India , every bill passes through following stages before it becomes an Act of Parliament of India : In the Irish Parliament, the Oireachtas , bills pass through the following stages. Bills may be initiated in either the Dáil or the Seanad, and must pass both houses. In New Zealand, the bill passes through the following stages: A draft piece of legislation is called a bill ; when this

840-627: The 43rd act passed in 1980 would be 1980 chapter 43. The full reference includes the (short) title and would be the Magistrate's Court Act 1980 (c. 43). Until the 1980s, acts of the Australian state of Victoria were numbered in a continuous sequence from 1857; thus the Age of Majority Act 1977 was No. 9075 of 1977. Right of access to personal data The right of access , also referred to as right to access and ( data ) subject access ,

882-476: The Act did not apply to domestic use, such as keeping a personal address book. Anyone holding personal data for other purposes was legally obliged to comply with this Act, subject to some exemptions. The Act defined eight data protection principles to ensure that information was processed lawfully. It was superseded by the Data Protection Act 2018 (DPA 2018) on 23 May 2018. The DPA 2018 supplements

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924-759: The EU General Data Protection Regulation (GDPR), which came into effect on 25 May 2018. The GDPR regulates the collection, storage, and use of personal data significantly more strictly. The 1998 Act replaced the Data Protection Act of 1984 and the Access to Personal Files Act of 1987 . Additionally, the 1998 Act implemented the EU Data Protection Directive 1995 . The Privacy and Electronic Communications (EC Directive) Regulations 2003 altered

966-741: The EU and the US (or at least those going West, towards the US) are governed by the EU–US Privacy Shield . One of the Privacy Shield principles is the right of access. Indeed, it is most fundamental in enabling accountability mechanisms around personal data processing. This example demonstrates that a European-style conception of privacy does not necessarily have to be perceived by American actors as unduly imposing new restrictions on free speech by data subjects. This Privacy Shield practice also shows that

1008-476: The EU's Article 29 Working Party's proposed changes to data protection law and the anticipated introduction of extensions to the interpretation of the Act, the Guide to the General Data Protection Regulation . Act of Parliament A draft act of parliament is known as a bill . In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with

1050-563: The House of Commons, or S- if they originate in the Senate. For example, Bill C-250 was a private member's bill introduced in the House. Bills C-1 and S-1 are pro forma bills, and are introduced at the beginning of each session in order to assert the right of each Chamber to manage its own affairs. They are introduced and read a first time, and then are dropped from the Order Paper . In

1092-459: The age and capacity of the individual and other circumstances of the case. If an organisation "intends to continue to hold or use personal data after the relationship with the individual ends, then the consent should cover this." When consent was given, it was not assumed to last forever, though in most cases, consent lasted for as long as the personal data needed to be processed, and individuals may have been able to withdraw their consent, depending on

1134-472: The case of civilian data protection (as under GDPR) is quite different from the case of criminal investigation, where a right of access is exercised as a "data request" by a government, not an individual, as in the US Supreme Court case Microsoft Corp. v. United States . The individual in criminal cases does maintain a right to know what data is being used about him/her, and of what crime he or she

1176-742: The clause stand part of the bill are made. In the Report stage, the debate is on the motions for specific amendments. Once a bill has passed both Houses in an identical form, it is presented to the Governor General , who gives it royal assent . Although the Governor General can refuse to assent a bill, this power has never been exercised. Bills being reviewed by Parliament are assigned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills , and 1001 up for private bills . They are preceded by C- if they originate in

1218-461: The committee stage. In some cases, whole groups of clauses are inserted or removed. However, if the Government holds a majority, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which was not ready when the bill

1260-431: The consent requirement for most electronic marketing to "positive consent" such as an opt-in box. Exemptions remain for the marketing of "similar products and services" to existing customers and enquirers, which can still be permitted on an opt-out basis. The Jersey data protection law was modelled on the United Kingdom's law. Section 1 of DPA 1998 defined "personal data" as any data that could have been used to identify

1302-587: The exceptions mentioned below, the individual had to consent to the collection of their personal information and its use in the purpose(s) in question. The European Data Protection Directive defined consent as “…any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed", meaning the individual could have signified agreement other than in writing. However, non-communication should not have been interpreted as consent. Additionally, consent should have been appropriate to

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1344-401: The following rights: Schedule 1 listed eight "data protection principles": Broadly speaking, these eight principles were similar to the six principles set out in the GDPR of 2016. Personal data should only be processed fairly and lawfully. In order for data to be classed as 'fairly processed', at least one of these six conditions had to be applicable to that data (Schedule 2). Except under

1386-690: The law in particular geographic areas. In the United Kingdom Parliament, each bill passes through the following stages: In the Scottish Parliament, bills pass through the following stages: There are special procedures for emergency bills, member's bills (similar to private member's bills in the UK Parliament), committee bills, and private bills. In Singapore, the bill passes through these certain stages before becoming into an Act of Parliament. Acts passed by

1428-499: The mid-nineteenth century, it has also become common practice for acts to have a short title , as a convenient alternative to the sometimes lengthy main titles. The Short Titles Act 1892 , and its replacement the Short Titles Act 1896 , gave short titles to many acts which previously lacked them. The numerical citation of acts has also changed over time. The original method was based on the regnal year (or years) in which

1470-401: The nature of the consent and the circumstances in which the personal information was collected and used. The Data Protection Act also specified that sensitive personal data must have been processed according to a stricter set of conditions, in particular, any consent must have been explicit. The Act was structured such that all processing of personal data was covered by the act while providing

1512-415: The relevant parliamentary session met. This has been replaced in most territories by simple reference to the calendar year, with the first act passed being chapter 1, and so on. In the United Kingdom, legislation has referenced by year and chapter number since 1963 ( Acts of Parliament Numbering and Citation Act 1962 ). Each act is numbered consecutively based on the date it received royal assent, for example

1554-709: The right of access may be suspended or restricted, as in the case of Germany in Article 34 of its Bundesdatenschutzgesetz . Moreover, on the European level, Europol offers a right of access. Personal data in Singapore is protected under the Personal Data Protection Act 2012 (PDPA). The PDPA establishes a data protection law that comprises various rules governing the collection, use, disclosure and care of personal data. Access to personal data

1596-569: The right to find out if an organisation is using or storing your personal data. This is called the right of access. You exercise this right by asking for a copy of the data, which is commonly known as making a 'subject access request.'" Before the General Data Protection Regulation (GDPR) came into force on 25 May 2018, organisations could have charged a specified fee for responding to a SAR of up to £10 for most requests. Following GDPR: "A copy of your personal data should be provided free. An organisation may charge for additional copies. It can only charge

1638-429: The term for a bill differs depending on whether it is initiated by the government (when it is known as a "draft"), or by the parliament (a "proposition", i.e., a private member's bill). In Australia, the bill passes through the following stages: In Canada, the bill passes through the following stages: The committee considers each clause of the bill, and may make amendments to it. Significant amendments may be made at

1680-604: The way in which organisations conducted business in terms of who should have been contacted for marketing purposes, not only by telephone and direct mail, but also electronically. This has led to the development of permission-based marketing strategies. The definition of personal data was data relating to a living individual who can be identified Sensitive personal data concerned the subject's race, ethnicity, politics, religion, trade union status, health, sexual history, or criminal record. The Information Commissioner's Office website stated regarding subject access requests : "You have

1722-402: Was a large Act that had a reputation for complexity. While the basic principles were honored for protecting privacy, interpreting the act was not always simple. Many companies, organisations, and individuals seemed very unsure of the aims, content, and principles of the Act. Some refused to provide even very basic, publicly available material, quoting the Act as a restriction. The Act also impacted

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1764-476: Was presented). The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second reading, the motion is "That this bill be now read a second time and be referred to [name of committee]" and for third reading "That this bill be now read a third time and pass." In the Committee stage, each clause is called and motions for amendments to these clauses, or that

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