Introduction to the Act

The purpose of the Data Protection Act 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’. Information relating to individuals that is either published on websites or is collected from individuals who visit those sites thus falls within the scope of the Act.

The key features of the Act are:

* the system of notification (replacing registration under the 1984 Act);
* the data protection principles;
* the creation of rights for individuals, including the right to obtain copies of personal data held about them;
* independent enforcement by the Information Commissioner.

The principles and individuals’ rights are probably the most significant parts of the Act. Data controllers should be mindful of the right of individuals to seek compensation through the courts for any damage and associated distress suffered as a result of breaches of the Act.