I don't think that is retrospective. Information that you had and destroyed before it came into force would not be covered. Information that you still possessed when it came into force would. So, if someone sent you a reference 10 years ago, and you still have it, then it would be covered as it is personal information that you hold while the Act is in force.
If you consider medical records as a prime example. You are entitled to your medical records. This would be all of your records and not just the ones that were made after it came into force.
Tony
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of ianwelton
Sent: 09 May 2005 13:55
To: [log in to unmask]
Subject: Re: A Monday morning question
Gwenan Owen on 09 May 2005 at 10:36 said:-
> I've been asked this morning by one of our academic members
> of staff how do I know that the Data Protection Act 1998 is a
> retrospective act ...
>
> He maintains that legislation is not retrospective unless
> specific provision is contained within the Act making it so,
> and that my ascertion that the Act IS retrospective without
> proof means that I am committing a breach of faith for those
> members of University staff who produced references (on
> paper) etc. before the Act came into being.
>
> Whilst I'm sure that I'm right, and have had a look through
> the Act this morning to try and find the relevant section ...
> I just can't find chapter and verse to quote. I would be most
> grateful if anyone could help me out!
Whilst agreeing with what other list members have stated regarding data
held, in my opinion one important point does not seem to have come out
very clearly.
Personal data processed during any period of time for any purpose will
have been subject to any regulation applying to that particular data and
purpose at that time. Since the Data Protection Act 1984, and then the
Data Protection Act 1998, processing of personal data has also been
subject to those acts, prior to that period other regulations may well
have applied, and if necessary could require researching to determine
the legality of earlier data holdings during those earlier periods. The
fact that the application of current legislation could reveal earlier
misapplication or misinterpretation would not negate a data holding or
current provision, although it could be a reason for carefully
considering how to best maintain any holding.
As an example compliance with Principle One of the Data Protection 1984
was necessary whilst that act was in force, compliance with Principle
One of the DPA 1998 is necessary whilst that act is in force with the
caveat that the 1998 act is also underpinned by the European Directive,
which added a legal requirement that national regulation should not
weaken the protections afforded, rather a common higher level of
protection should be sought where differences existed within the
community, and so careful consideration of possible future developments
would seem necessary when determining data collections with a long term
lifespan if additional work is to be avoided later.
Ian W
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