Data Protection

Below is a list of links to legal information concerning a variety of issues relating to data protection.

See also: Legal Info About Security and Email

OUT-LAW Guides (UK law)

• Data Protection
  This Guide explains what you should know about data protection under the Data Protection Act 1998.
• Overseas transfers of personal data (menu of articles)
  A selection of articles addressing the position in the UK by reference to the legal provisions and common practical scenarios, looking at how a UK data controller can fulfil its business and operational requirements in transferring personal data, whilst encouraging legal compliance.
• Checklist for compliance with the Data Protection Act
  This checklist is intended as an aide memoir for those who already understand the basics of data protection.
• How to satisfy subject access requests
  The form of the request, negotiating with the data subject, how to search systems, manual files, third party data, consent and exemptions are all discussed.
• Cookie law
  If cookies are used in a site, the Privacy and Electronic Communications (EC Directive) Regulations 2003 provide that certain information must be given to that site's visitors.
• Data Protection health check
  A series of questions and answers that ensures that the data you have complies with the Data Protection Act.
• IP addresses and the Data Protection Act
  An IP address in isolation is not personal data under the DPA, but an IP address can become personal data when combined with other information or when used to build a profile of an individual, even if that individual's name is unknown.
• Why the APEC Privacy Framework is unlikely to protect privacy
  A Framework has been proposed for Asia-Pacific nations that Google's privacy chief suggests could be the foundation of a global standard. Dr Chris Pounder suggests otherwise.
• The CAP Code
  This article is intended to set out the basic rules for marketing by email and suggest a number of practical compliance measures.
• The effect of the Data Protection Act on e-marketing
• Interview with Information Commissioner Richard Thomas
• Interview with Deputy Commissioner David Smith
• Monitoring at work survey (2003)

Recent OUT-LAW News

• Why the Smart Grid needs better security
• Model clauses for overseas transfers of personal data updated
• Users run security risk by re-using banking passwords
• UK could get icons on behavioural ads
• How to appeal an ICO decision: new guidance published

Contact one of our lawyers

Pinsent Masons has one of the largest data protection law teams in the UK. We also offer an extensive range of training services.

Rosemary Jay
Biography
email Rosemary
+44 (0) 161 234 8374

Louise Townsend
Biography
email Louise
+44 (0) 161 234 8359

Useful links

Warning: The links below are to legislation, some of which may be out of date. Some Acts may have been amended many times, but when you follow the link to HMSO's website you will not see the end result of all these amendments. So be careful before relying on what you read.

• Draft Data Retention Directive 2006 (26-page PDF)
• Data Protection Act 1998
• Data Protection Code, Part 3: Monitoring at Work (91-page PDF)
• See also: Supplementary Guidance (86-page PDF) and Guidance for Small Businesses (24-page PDF)
• Data Protection Act 1998 Compliance Advice (11-page PDF)
• Data Protection Directive 1995
• Data Retention Directive (10-page / 87KB PDF, published 15th March 2006)
• Privacy and electronic communications Directive 2002
• Privacy and Electronic Communications (EC Directive) Regulations 2003
• See also: Information Commissioner's Guidance to the Regulations
• Freedom of Information Act 2000
• Freedom of Information (Scotland) Act 2002
• Human Rights Act 1998
• Working Document on Frequently Asked Questions (FAQs) related to Binding Corporate Rules (WP 155, version 3)