2009-02-09

Data Protection Act

The Data Protection Act

The Data Protection Act  (external website) was introduced to give effect to the EU Data Protection Directive 95/46/EC, while the impetus for the Freedom of Information Act came from the commitment to open government that the Labour Party made in its 1997 manifesto.

  • Both Acts are concerned with the same issue - access to information - although they cover different types of information: the Data Protection Act regulates and restricts access to information that amounts to personal data, and the Freedom of Information Act opens up access to information held by public authorities.
  • Both Acts are concerned with the fair and proper treatment of individuals: the Data Protection Act ensures that the information about individuals is not abused, and the Freedom of Information Act ensures that individuals have access to the information relied on by public bodies taking decisions that affect them.

All of these rights are also contained in Article 8 of the European Convention on Human Rights, which deals with the right to respect for family and private life, as does the UK's Human Rights Act 1998.

The Postal Services Commission Data Protection Policy                 

Postcomm needs to collect and use certain types of information about people with whom it deals in order to conduct its statutory role and functions.  The information will be lawfully collated from and shared with a number of sources.  These include, Universal Service Providers, current licensed postal operators, and prospective postal operators, past and prospective employees, suppliers, clients/customers, Postwatch, other Government Regulatory bodies, and others with whom it communicates.  In addition, it may occasionally be required by law to collect and use certain types of information of this kind to comply with the requirements of government departments. This personal information must be dealt with properly, however it is collected, recorded and used – whether on paper, in a computer, by CCTV or recorded on other material – and there are safeguards to ensure this in the Data Protection Act 1998.

We regard the lawful and correct treatment of personal information by Postcomm as very important to successful operations, and to maintaining confidence between those with whom we deal and ourselves.  We ensure that our organisation treats personal information lawfully and correctly.

To this end we fully endorse and adhere to the Principles of Data Protection, as set out in the Data Protection Act 1998.

Specifically, the Principles require that personal information:

  • Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met;
  • 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;
  • Shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed;
  • Shall be accurate and, where necessary, kept up to date;
  • Shall not be kept for longer than is necessary for the specified purpose(s);
  • Shall be processed in accordance with the rights of data subjects under the Act;
  • 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; and
  • 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 or personal data.

Therefore, Postcomm will, through appropriate management and strict application of criteria and controls:

  • Observe fully conditions regarding the fair collection and use of information;
  • Meet its legal obligations to specify the purposes for which information is used;
  • Collect and process appropriate information, and only to the extent that it is needed to fulfil operational needs or to comply with any legal requirements;
  • Ensure the quality of information used;
  • Ensure that the information is not held for longer than is necessary;
  • Ensure that the rights of people about whom information is held, are able to be fully exercised under the Act.  (These include:  the right to be informed that processing is being undertaken, the right of access to one’s personal information, the right to prevent processing in certain circumstances and the right to correct, rectify block or erase information which is regarded as wrong information.); 
  • Take appropriate technical and organisational security measures to safeguard personal information; and
  • Ensure that personal information is not transferred abroad without suitable safeguards.

In addition, Postcomm will ensure that:

  • There is someone with specific responsibility for data protection in the organisation;
  • Everyone managing and handling personal information understands that they are contractually responsible for following good data protection practice;
  • Guidance outlining the procedures for managing and handling personal information is made available to all staff authorised to work with personal data;
  • Anybody wanting to make enquiries about handling personal information knows what to do;
  • Queries about handling personal information are promptly and courteously dealt with; and
  • Methods of handling personal information are regularly assessed and evaluated;

Requests to view personal data must be made by using a Subject Access Request (pdf, 30KB) for together with the £10 fee (cheques made payable to Postcomm)