[No. 6.]
S.2
Data Protection (Amendment) Act
2003.
[2003.]
regard to the processing of personal data and on the
free movement of such data(1);
‘the EEA Agreement’ means the Agreement on the
European Economic Area signed at Oporto on 2
May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993;
‘enactment’ means a statute or a statutory instrument (within the meaning of the Interpretation Act
1937);
‘the European Economic Area’ has the meaning
assigned to it by the EEA Agreement;
‘manual data’ means 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;
‘relevant filing system’ means 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’ means personal data as to—
(a) the racial or ethnic origin, the political
opinions or the religious or philosophical
beliefs of the data subject,
(b) whether the data subject is a member of a
trade union,
(c) the physical or mental health or condition
or sexual life of the data subject,
(d) the commission or alleged commission of
any offence by the data subject, or
(e) 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;’’,
(ii) by the substitution of the following definition for the
definition of ‘‘data’’:
‘‘‘data’ means automated data and manual data;’’,
(iii) by the substitution of the following for the definition
of ‘‘direct marketing’’:
‘‘‘direct 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
(1)
O.J. No. L 281/38 of 23.11.95, p. 31.
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