The answer to this is a confusion, I think, about what 'retrospective' means. The Act is not retrospective in legal terms as to what it does - it doesn't mean, for example, that action can be taken against data controllers for non-compliance before 1998 (though the DPA 1984 might have done). However, the Act's provision apply to all personal information which is "being processed" or "is recorded" as per s.1. If the personal data are still recorded, or are being processed (no matter as to when the data were first collected), the Act applies.
Cheers,
Jason
________________________________
Jason Campbell
JISC Legal Service Manager
University of Strathclyde
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Gwenan Owen
Sent: 09 May 2005 10:36
To: [log in to unmask]
Subject: [data-protection] A Monday morning question
Colleagues
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!
Thanks
Gwenan
--
______________________________________________________________________
Gwenan Owen
Rheolwr Cofnodion y Brifysgol/University Records Manager, Gwasanaeth Llyfrgell, Archifau a Rheoli Cofnodion/ Library, Archives and Records Management Service Gwasanaethau Gwybodaeth/Information Services, Prifysgol Cymru, Bangor/University of Wales, Bangor, Ffordd y Coleg/College Road, Bangor, Gwynedd LL57 2DG, UK
ffôn/tel: (01248) 38 2413
ffacs/fax: (01248) 38 8194
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