[2003.]
Data Protection (Amendment) Act
2003.
[No. 6.]
(b) The Commissioner and the Information Com- S.2
missioner shall, in the performance of their
functions, co-operate with and provide assistance to each other.’’.
3.—Section 2 of the Principal Act is amended—
(a) by the substitution of the following subsection for subsection
(1):
‘‘(1) A data controller shall, as respects personal data
kept by him or her, comply with the following provisions:
(a) the data or, as the case may be, the information
constituting the data shall have been
obtained, and the data shall be processed,
fairly,
(b) the data shall be accurate and complete and,
where necessary, kept up to date,
(c) the data—
(i) shall have been obtained only for one or
more specified, explicit and legitimate
purposes,
(ii) shall not be further processed in a manner
incompatible with that purpose or those
purposes,
(iii) shall be adequate, relevant and not
excessive in relation to the purpose or
purposes for which they were collected
or are further processed, and
(iv) shall not be kept for longer than is necessary for that purpose or those purposes,
(d) appropriate security measures shall be taken
against unauthorised access to, or unauthorised alteration, disclosure or destruction of,
the data, in particular where the processing
involves the transmission of data over a network, and against all other unlawful forms of
processing.’’,
(b) in subsection (5), by the substitution of the following paragraph for paragraph (a):
‘‘(a) Subparagraphs (ii) and (iv) of paragraph (c) of the
said subsection (1) do not apply to personal data
kept for statistical or research or other scientific
purposes, and the keeping of which complies with
such requirements (if any) as may be prescribed
for the purpose of safeguarding the fundamental
rights and freedoms of data subjects, and’’,
(c) by the deletion of subsection (6), and
(d) by the substitution of the following subsections for subsection (7):
9
Amendment of
section 2
(collection,
processing, keeping,
use and disclosure
of personal data) of
Principal Act.