Definitions/Terminology
The following are definitions of some of the words or phrases used in the Acts. They are from both the Data Protection Act 1988 and the Data Protection Act (Amendment) 2003.
Automated data:
Information that:
Is processed by means of equipment operating automatically in response to instructions given for that purpose, or
Is recorded with the intention that it should be processed by means of such equipment
Data
Automated and manual data
Data Controller
A person who, either alone or with others, controls the contents and use of personal data
Data Processor
A person who processes personal data on behalf of a data controller but does not include an employee of a data controller who processes such data in the course of his employment
Data Subject
An individual who is the subject of personal data
Direct Marketing (Mass Marketing)
Includes direct mailing other than direct mailing carried out in the course of political activities by a political party or its members, or a body established by or under statute or a candidate for election to, or a holder of, elective political office.
Manual Data (Structured/Unstructured)
Information that is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system
Personal Data
Data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into the possession of the Data Controller
Processing
Processing , of or in relation to information or data, means performing any operation or set of operations on the information or data, whether or not by automatic means, including –
- Obtaining, recording or keeping the information or data
- Collecting, organising, storing altering or adapting the information or data,
- Retrieving, consulting or using the information or data,
- Disclosing the information or data by transmitting, disseminating or otherwise making it available, or
- Aligning, combining, blocking, erasing or destroying the information or data.
Relevant Filing System
Any set of information relating to individuals to the extent that, although the information is not processed by means of equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible.
Sensitive Personal Data
- The racial or ethnic origin, the political opinions or the religious or philosophical beliefs of the data subject,
- Whether the data subject is a member of a trade union
- The physical or mental health or condition or sexual life (orientation) of the data subject
- The commission or alleged commission of any offence by the data subject, or
- Any proceedings for an offence committed or alleged to have been committed by the data subject, the disposal of such proceedings or the sentence of any court in such proceedings