The well publicised reported loss of personal data by ACS:Law in relation to alleged illegal file sharers, the potential misuse of personal data by persons writing applications in the USA for Google’s Android phone and the continuing concerns relating to personal data security and privacy on Facebook are just some of the headline-leading stories. Personal data continues to be an essential asset of marketers and businesses, or others with less honest intentions.
For businesses the important points to note from these stories are that businesses should implement sufficient procedures to ensure compliance with the Data Protection Act 1998 (“DPA”). This means not only complying with the limitations on use of personal data, but also having responsibility for the way it is stored and moved. They also have to be able to comply with data subjects’ requests for information about their personal data and how it has been used.
Individuals should take great care in deciding who they provide their personal data to and for what purposes.
For organisations, the stakes are high and worth remembering; those who breach the DPA are at risk of a £500,000 fine. The risks to individuals not taking care with their data are also substantial; identity theft, ongoing financial losses and distress are possible results.
Written by Matthew Read, a Solicitor in the Nelsons Commerce and Technology group. To find out more about our Commerce & Technology group, click here.



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