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MAC 264 Week 9 Privacy. Staff flashpoints. employee newsletters photo releases product publicity media inquiries about employees. The law…. Data Protection Act Freedom of Information Act libel and defamation. Information Commissioner. www.informationcommissioner.gov.uk
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Staff flashpoints • employee newsletters • photo releases • product publicity • media inquiries about employees
The law… • Data Protection Act • Freedom of Information Act • libel and defamation
Information Commissioner • www.informationcommissioner.gov.uk Information Commissioner ensures organisations processing data comply with • Data Protection Act • Freedom of Information Act • Privacy and Electronic Comms regulations
Electronic Comms • Unsolicited PR/ marketing materials must not be sent by email text voice sound picture or video message • Emails must have valid address for opt out of future messages and the sender’s identity must not be concealed • Viral marketing – must adhere to Advertising Standards Authority codes
Data Controller • Determines how and why personal data is processed • May be an individual or an organisation, • - the processing may be carried out jointly or with others
Obligations • Organisations must “notify” or register with the Data Protection Commissioner if they process “personal data” • Notification fee is £35
Data Protection Act 1998 Personal data must be: • fairly and lawfully obtained and processed • processed for specified purposes only • “adequate, relevant and not excessive” in relation to the purpose for which it is held or processed
Data Protection Act 1998 • accurate, up-to-date • not kept for any longer than necessary • processed in line with the data subject’s rights • secure • not transferred outside the EU without adequate protection
Individual Rights • right to subject access • right to prevent processing likely to cause damage or distress • right to prevent processing for the purposes of direct marketing
Data Protection Act 1998 • rights in relation to automated decision-making • right to take action to rectify, erase or destroy inaccurate data • right to refer a matter to the Data Commissioner
Freedom of Information • General Right of Access • People have the right to make a request for any information held by a public authority and the authority has to comply with the Act by responding • This right came into force on Jan 1, 2005.