Data Protection Principles
Data protection legislation embodies strict rules for protection and management of information within Principles. These Principles are the foundation of good information management.
The Data Protection Act 1998 contains eight such principles:
Principle 1: Personal data shall be processed fairly and lawfully.
Principle 2: Personal data shall be obtained and processed only for specified and lawful purposes.
Principle 3: Personal data shall be adequate, relevant and not excessive in relation to the purpose for which they are processed, and will not be further processed in any manner incompatible with that purpose or those purposes.
Principle 4: Personal data shall be accurate and, where necessary, kept up-to-date.
Principle 5: Personal data processed for any purpose shall not be kept for longer than is necessary.
Principle 6: Personal data shall be processed in accordance with the rights of data subjects under the Act.
Principle 7: Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss, destruction or damage to personal data.
Principle 8: Personal data shall not be transferred outside the EEA, unless that country ensures an adequate level of protection of the data subjects in relation to the processing of the data.
The General Data Protection Regulation (GDPR) outlines the Principles within Article 5, which states that personal data shall be:
(a) processed lawfully, fairly and in a transparent manner in relation to the data subject ('lawfulness, fairness and transparency');
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes ('purpose limitation');
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed ('data minimisation');
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay ('accuracy');
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject ('storage limitation');
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures ('integrity and confidentiality').
GDPR further requires within the Principles that the controller shall be responsible for, and be able to demonstrate compliance with, the above Principles ('accountability').