[No. 6.]
Data Protection (Amendment) Act
2003.
S.4
[2003.]
Practitioners Act 1978, a registered dentist,
within the meaning of the Dentists Act 1985 or a
member of any other class of health worker or
social worker standing specified by regulations
made by the Minister after consultation with the
Minister for Health and Children and any other
Minister of the Government who, having regard
to his or her functions, ought, in the opinion of
the Minister, to be consulted;
‘medical purposes’ includes the purposes of preventive medicine, medical diagnosis, medical
research, the provision of care and treatment and
the management of healthcare services.
Security measures
for personal data.
2C.—(1) In determining appropriate security
measures for the purposes of section 2(1)(d) of
this Act, in particular (but without prejudice to
the generality of that provision), where the processing involves the transmission of data over a
network, a data controller—
(a) may have regard to the state of technological development and the cost of
implementing the measures, and
(b) shall ensure that the measures provide a
level of security appropriate to—
(i) the harm that might result from
unauthorised or unlawful processing, accidental or unlawful
destruction or accidental loss of,
or damage to, the data concerned, and
(ii) the nature of the data concerned.
(2) A data controller or data processor shall
take all reasonable steps to ensure that—
(a) persons employed by him or her, and
(b) other persons at the place of work
concerned,
are aware of and comply with the relevant security measures aforesaid.
(3) Where processing of personal data is carried out by a data processor on behalf of a data
controller, the data controller shall—
(a) ensure that the processing is carried out
in pursuance of a contract in writing
or in another equivalent form
between the data controller and the
data processor and that the contract
provides that the data processor carries out the processing only on and
subject to the instructions of the data
controller and that the data processor
complies with obligations equivalent
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