The Data Protection Act 1998 Sample Clauses

The Data Protection Act 1998. 1.1 The act regulates the use and handling of information (personal data) processed by computers and information held on manual records. It provides a framework by establishing data protection principles. The purpose of the Data Protection Act 1998 is to make provision for the regulation of the processing of information relating to individuals including the obtaining, holding, use or disclosure of such information. All processing must be in compliance with the provisions of the act and in the event of non-compliance the Information Commissioner may take enforcement action. 1.2 Particular obligations are placed upon the partnership, its members and the data controller and you, as a member of the partnership must comply with the data protection principles.
Sample 1Sample 2
AutoNDA by SimpleDocs
The Data Protection Act 1998. The key legislation governing the obtaining, protection and use of identifiable personal information is the Data Protection Act 1998 (DPA). The DPA sets out a number of key definitions, including: • Personal Data. This is defined as data which relate to a living individual, who can be identified from that data or from that data and other information in the possession of, or likely to come in to the possession of the Data Controller. • Processing. This is defined as any operation carried out on the personal data, including collecting, storing, using and disclosing that data. • Data Controller. This is defined as a person, who either alone or jointly with other persons, determines the purposes for which and the manner in which any personal data are, or are to be, processed. • Data Subject. This is defined as a living individual to whom personal data relates. The DPA sets out eight principles that must be complied with when processing personal data. These principles are summarised below. The processing of personal information by the organisations named must comply with these principles. 1. Personal data must be processed fairly and lawfully 2. Personal data must be processed for lawful and specified purposes 3. Personal data held shall be adequate, relevant and not excessive in relation to the purposes for which it is processed 4. Personal data must be accurate and where necessary, kept up to date 5. Personal data must be held for no longer than is necessary
Sample 1
The Data Protection Act 1998 a. For the purposes of the Data Protection Xxx 0000, Wight Coast & Country Cottages Ltd is the sole data controller of all personal data provided to the Agency by customers and prospective customers. The Agency processes and stores your personal details and those of your Party for their administration, market analysis, operational reviews sending out particulars, occasionally sending or providing a post-holiday questionnaire and sending out the following year’s details. b. To process your booking the Agency needs to collect certain personal details from you, and members of your Party, including your name and address. The Agency may need to pass on your personal details and those of your Party to other parties who need to know them (for example the Property owner(s) and any key holder(s) of such Property (if not the Property owner(s).
Sample 1
The Data Protection Act 1998. Anyone processing personal data must comply with the eight enforceable principles governing the use of personal information. They say that data must be:
Sample 1
The Data Protection Act 1998. The Data Protection 1998 governs the processing of personal data including the collection, use of and disclosure of such information. The legislation requires that data controllers meet certain obligations. It also gives individuals or ‘data subjects’ certain rights with regard to their own personal data, including that of ‘subject access’ to the information we are processing on them. The main standard for processing personal data is compliance with the eight data protection principles – see Appendix B. The most significant principle is the first principle which states that personal data shall be processed fairly and lawfully and shall not be processed unless at least one Schedule 2 condition and in the case of ‘sensitive personal data’, at least one Schedule 3 condition is also met (see Appendix B). The type of information being disclosed for the purposes of this exchange agreement will almost always be ‘sensitive personal data’ which means that at least one of both Schedule 2 and Schedule 3 conditions must be satisfied. Even in the event that the prevention and detection of crime exemption (Section 29 Data Protection Act) is being relied upon, Schedules 2 and 3 conditions must still be satisfied. Critically, any decision to share information must satisfy both the principal authority for disclosure e.g. public interest, Offender Management Act 2007 and also the Schedule 2 and Schedule 3 conditions of Data Protection Act 1998. The Principles also cover issues such as accuracy of the data, security, and the length of time the information should be retained. Each party to this agreement should have in place its own data controller and mechanisms for ensuring compliance with the Data Protection Act 1998. For probation staff, the scope and limits of any right to confidentiality arrangement which the offender can expect between him or herself and the offender manager should be clarified as part of induction procedures. Appendix B contains further considerations which have informed the development of this ISA. This appendix contains details of supporting legal considerations that inform the disclosure process. Duty of Confidence The duty of confidence falls within common law as opposed to statutory law and derives from cases considered by the courts. There are generally three categories of exception to the duty of confidence: Where there is a legal compulsion to disclose Where there is an overriding duty to protect the public Where the individual to whom the inf...
Sample 1
The Data Protection Act 1998. The first Data Protection principle requires, among other things, that one or more ‘conditions for processing’ must be satisfied when processing personal data. The conditions for processing take account of the nature of the personal data in question and are more exacting when the information being processed is sensitive personal data, such as information about a person’s criminal record or health. Information shared for the purposes of this Agreement will be processed in accordance with these conditions. In addition, Section 29 of this Act supports the disclosure of personal information where failing to do so would prejudice the: prevention / detection of crime and the apprehension / prosecution of offenders. For the appropriate use of this exemption the receivers of shared information should be undertaking an activity that will prevent / detect crime or apprehend / prosecute offenders. Crime and Disorder Act 1998 section 115 – allows the disclosure of information, for the purposes of reducing crime and disorder to relevant authorities (as defined by the Act) or to a person acting on behalf of such an authority.
Sample 1

Related to The Data Protection Act 1998

  • PERSONAL DATA PROTECTION ACT 7.1. PAH is committed to protecting the privacy, confidentiality and security of all personal data to which it is entrusted. It has been our policy to ensure your personal information are protected. With the introduction of the Malaysian Personal Data Protection Act 2010 ("PDPA"), we are even committed to ensure the privacy and confidentiality and security of all personal data are protected in line with the PDPA. We process personal data which you have provided to us voluntarily through our website upon your registration and this includes personal data such as your name, address, NRIC and contact details. In this regards, you have expressly consent to our processing of your personal data. If you give us personal data or information about another person, you must first confirm that he/she has appointed you to act for him/her, to consent to the processing of his/her personal data and to receive on his/her behalf any data protection notices. We may request your assistance to procure the consent of such persons whose personal data is provided by you to us and you agree to do so. You shall indemnify us in the event we suffer loss and damage as a result of your failure to comply with the same. We will only retain your personal data for as long as necessary for the fulfilment of the specified purposes or as legislated 7.2. E-Bidders shall be responsible for the confidentiality and use of password and not to reveal the password to anyone at any time and under any circumstances whether intentionally or unintentionally. 7.3. E-Bidders agree to comply with all the security measures related to safety of the password or generally in respect of the use of the service. In the event that the password is compromised, the E-Bidders shall immediately notify PAH.

  • Data Protection Act 7.1 With respect to the parties' rights and obligations under this Contract, the parties agree that the Department is the Data Controller and that the Contractor is the Data Processor. 7.2 The Contractor shall: 7.2.1 Process the Personal Data only in accordance with instructions from the Department (which may be specific instructions or instructions of a general nature as set out in this Contract or as otherwise notified by the Department to the Contractor during the Term); 7.2.2 Process the Personal Data only to the extent, and in such manner, as is necessary for the provision of the Services or as is required by Law or any Regulatory Body; 7.2.3 The Contractor shall employ appropriate organisational, operational and technological processes and procedures to keep the Personal Data safe from unauthorised use or access, loss, destruction, theft or disclosure. The organisational, operational and technological processes and procedures adopted are required to comply with the requirements of ISO/IEC 27001 as appropriate to the services being provided to the Department; 7.2.4 Take reasonable steps to ensure the reliability of any Contractor Personnel who have access to the Personal Data; 7.2.5 Obtain prior written consent from the Department in order to transfer the Personal Data to any Sub-contractors or Affiliates for the provision of the Services; 7.2.6 Ensure that all Contractor Personnel required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in this clause 7; 7.2.7 Ensure that none of Contractor Personnel publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Department; 7.2.8 Notify the Department within five Working Days if it receives: a request from a Data Subject to have access to that person's Personal Data; or a complaint or request relating to the Department's obligations under the Data Protection Legislation; 7.2.9 Provide the Department with full cooperation and assistance in relation to any complaint or request made, including by: - providing the Department with full details of the complaint or request; - complying with a data access request within the relevant timescales set out in the Data Protection Legislation and in accordance with the Department's instructions; - providing the Department with any Personal Data it holds in relation to a Data Subject (within the timescales required by the Department); and - providing the Department with any information requested by the Department; 7.2.10 Permit the Department or the Department’s Representative (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit the Contractor's data Processing activities (and/or those of its agents, subsidiaries and Sub-contractors) and comply with all reasonable requests or directions by the Department to enable the Department to verify and/or procure that the Contractor is in full compliance with its obligations under this Contract; 7.2.11 Provide a written description of the technical and organisational methods employed by the Contractor for processing Personal Data (within the timescales required by the Department) to be used solely for the purposes of this contract and provided that to do so would not be in breach of the Intellectual Property Rights (including Copyright) of a third party; and 7.2.12 Not process Personal Data outside the European Economic Area without the prior written consent of the Department and, where the Department consents to a transfer, to comply with: - the obligations of a Data Controller under the Eighth Data Protection Principle set out in Schedule 1 of the Data Protection Act 1998 by providing -an adequate level of protection to any Personal Data that is transferred; and - any reasonable instructions notified to it by the Department. 7.3 The Contractor shall comply at all times with the Data Protection Legislation and shall not perform its obligations under this Contract in such a way as to cause the Department to breach any of its applicable obligations under the Data Protection Legislation.

  • Data Protection All personal data contained in the agreement shall be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the EU institutions and bodies and on the free movement of such data. Such data shall be processed solely in connection with the implementation and follow-up of the agreement by the sending institution, the National Agency and the European Commission, without prejudice to the possibility of passing the data to the bodies responsible for inspection and audit in accordance with EU legislation (Court of Auditors or European Antifraud Office (XXXX)). The participant may, on written request, gain access to his personal data and correct any information that is inaccurate or incomplete. He/she should address any questions regarding the processing of his/her personal data to the sending institution and/or the National Agency. The participant may lodge a complaint against the processing of his personal data with the [national supervising body for data protection] with regard to the use of these data by the sending institution, the National Agency, or to the European Data Protection Supervisor with regard to the use of the data by the European Commission.

  • Data Protection Legislation the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications) and the guidance and codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation.

  • PERSONAL DATA PROTECTION 7.1 By accessing ESZAM AUCTIONEER SDN BHD website, the E-Bidders acknowledge and agree that ESZAM AUCTIONEER SDN BHD website may collect, retain, or disclose the E-Bidder’s information or any information by the e-bidders for the effectiveness of services, and the collected, retained or disclosed information shall comply with Personal Data Protection Act 2010 and any regulations, laws or rules applicable from time to time. 7.2 ESZAM AUCTIONEER SDN BHD will process E-bidder personal data such as name, address, NRIC and contact number for registration and E-bidding purposes. E-bidders shall be responsible for the username and password of eZ2Bid and not to reveal the password to anyone. 7.3 E-bidders agree to accept all associated risks when using the service in the ESZAM AUCTIONEER SDN BHD website and shall not make any claim for any unauthorized access or any consequential loss or damages suffered. 7.4 E-bidders shall be responsible for the confidentiality and the use of password and not to reveal the password to anyone at any time and under any circumstances, whether intentionally or unintentionally. 7.5 E-bidders agree to comply with all the security measures related to safety of the password or generally in respect of the use of the service. 7.6 E-bidders accept the responsibility that in any event that the password is in the possession of any other person whether intentionally or unintentionally, the E-Bidders shall take precautionary steps for the disclosure, discovery, or the Bidders shall immediately notify ESZAM AUCTIONEER SDN BHD

  • Privacy and Data Protection 8.1 The Receiving Party undertakes to comply with South Africa’s general privacy protection in terms Section 14 of the Xxxx of Rights in connection with this Bid and shall procure that its personnel shall observe the provisions of such Act [as applicable] or any amendments and re-enactments thereof and any regulations made pursuant thereto. 8.2 The Receiving Party warrants that it and its Agents have the appropriate technical and organisational measures in place against unauthorised or unlawful processing of data relating to the Bid and against accidental loss or destruction of, or damage to such data held or processed by them.

  • Bribery Act We fully comply with the Xxxxxxx Xxx 0000, and will not accept any form of payment, gift or service, the intention of which could be considered to result in the improper performance of Our obligations to You. If We reasonably believe that You have attempted to offer a bribe We will terminate Our agreement with You.

  • CONSUMER PROTECTION ACT 25.1 The Purchaser confirms that it has considered all of the clauses in terms whereof he, amongst other things, limit the liability of the Seller or any other person and acknowledges any fact, in detail. The Parties further acknowledge that none of the terms of this Agreement should be construed as an acknowledgement that the CPA applies to this transaction in circumstances where the CPA would not have been applicable to the transaction.

  • Virus Protection The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

  • Corrupt Practices Legislation (i) Neither Tahoe nor any of its subsidiaries, nor, to Tahoe’s knowledge, any of their respective directors, officers, agents, employees, consultants or other persons acting on behalf of Tahoe or any of its subsidiaries has offered or given, and Tahoe is not aware of or does not have any knowledge of any person that has offered or given on its behalf, anything of value to any official of a Governmental Entity, any political party or official thereof or any candidate for political office, any customer or member of any Governmental Entity, or any other person, in any such case while knowing or having reason to know that all or a portion of such money or thing of value may be offered, given or promised, directly or indirectly, for the purpose of any of the following: (A) influencing any action or decision of such person, in such person’s official capacity, including a decision to fail to perform such person’s official function in order to obtain or retain an advantage for Tahoe or any of its subsidiaries in the course of business; (B) inducing such person to use such person’s influence with any Governmental Entity to affect or influence any act or decision of such Governmental Entity to assist Tahoe or any of its subsidiaries in obtaining or retaining business for, with, or directing business to, any person or otherwise to obtain or retain an advantage in the course of business; or (C) where such payment would constitute a bribe, rebate, payoff, influence payment, kickback or illegal or improper payment to assist Tahoe or the subsidiary in obtaining or retaining business for, with, or directing business to, any person. (ii) There have been no actions taken by Tahoe, any of its subsidiaries or, to the knowledge of Tahoe, by any persons on behalf of Tahoe or any of its subsidiaries, that would cause Tahoe or its subsidiaries or such persons to be in violation of the Corruption of Foreign Public Officials Act (Canada) or the Foreign Corrupt Practices Act of 1977 (United States) (collectively, the “Corruption Acts”) or any similar legislation in any jurisdiction in which Tahoe or any of its subsidiaries conduct their business and to which Tahoe or any of its subsidiaries may be subject. (iii) The financial records of Tahoe and its subsidiaries have at all times been maintained in compliance with the Corruption Acts. (iv) There are no proceedings or investigations under the Corruption Acts or any similar legislation in any jurisdiction in which Tahoe and its subsidiaries conduct their business pending against Tahoe or any of its subsidiaries, nor any of their respective directors, officers, agents, employees, consultants or other persons acting on behalf of Tahoe or any of its subsidiaries, or to the knowledge of Tahoe, threatened against or affecting, Tahoe or any of its subsidiaries or any of their respective directors, officers, agents, employees, consultants or other persons acting on behalf of Tahoe or any of its subsidiaries.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!