THE SIXTH DATA PROTECTION PRINCIPLE
The sixth data protection principle says:
|
6. Personal data shall be processed in accordance with the rights of data subjects under this Act. |
The data subject’s rights fall into two broad categories, namely the right to information and the right to object. The data subject’s rights to information form part of the DPA’s transparency provisions, arising under the first and second principles under section 7 (the right of access), under section 24 (the right to relevant particulars) and under section 42 (the right to an assessment). The rights to object are contained in section 10 (the right to prevent processing likely to cause damage or distress), section 11 (the right to prevent processing for the purposes of direct marketing), section 12 (the right to prevent automated decision taking), section 12A (rights in relation to exempt manual data) and section 14 (the right to rectification, blocking, erasure and destruction of data).
The interpretation within Schedule 1, Part II makes it clear that the sixth data protection principle is concerned only with the rights in sections 7, 10, 11 and 12, however. The interpretation says:
|
A person is to be regarded as contravening the sixth principle if, but only if –
|
The right of access within section 7 is examined in Chapter 2. The rights in sections 10, 11 and 12 are examined in Chapter 4.