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What are the implications of the Data Protection Act 1998 #88

Open alexfdz opened 9 years ago

monkeymani commented 9 years ago

We need to keep and store all personal info for at least 7 years and not give that to anyone else.

alexfdz commented 9 years ago

@monkeymani is not only the storage, check the user rights. We need to do some work to analize if it can impact us.

Principles

https://en.wikipedia.org/wiki/Data_Protection_Act_1998

  • Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless:
    • at least one of the conditions in Schedule 2 is met
    • in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
  • Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
  • Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
  • Personal data shall be accurate and, where necessary, kept up to date.
  • Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
  • About the rights of individuals e.g.[10] personal data shall be processed in accordance with the rights of data subjects (individuals).
  • Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
  • Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

User rights

https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/

  • a right of access to a copy of the information comprised in their personal data;
  • a right to object to processing that is likely to cause or is causing damage or distress;
  • a right to prevent processing for direct marketing;
  • a right to object to decisions being taken by automated means;
  • a right in certain circumstances to have inaccurate personal data rectified, blocked, erased or destroyed; and
  • a right to claim compensation for damages caused by a breach of the Act.
monkeymani commented 9 years ago

http://wiki.ekmpowershop.com/Legal_Requirements_for_Ecommerce_Websites

monkeymani commented 9 years ago

http://www.bloorresearch.com/analysis/the-effect-of-the-data-protection-act-on-e-commerce/

monkeymani commented 9 years ago

We cannot store personal data of EU citizens in servers in the US