This guide describes the large and costly changes required by this aspect of the law (effective 24 October 1998). It includes relevant case law and presents recommendations to help clients stay within the law.
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The Data Protection Act 1998 repeals the Data Protection Act 1984 and the Access to Personal Files Act 1987 and means massive upheaval in practice for most users of personal data. The government has estimated the start-up costs for private industry to be #1.2 billion, with an on-going annual outlay of #635 million. This guide fully explains the operation of the 1998 Act and clearly describes the dramatic and potentially costly changes to the law, including: the new definition of processing - meaning many more operations concerning data will be caught than under the old law; the expansion of the definition of data to include manual records; a new category of sensitive personal data where, in most cases, an individuals consent will be a necessary prerequisite to processing; and updated and amended data protection principles and a banning of the transfer of data to non-EEA countries, save in exceptional circumstances. The book is intended for lawyers working in company and commercial areas, employment law and banking and finance. It should also be relevant to all personal data users and the lawyers who advise them.
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