[2003.]
Data Protection (Amendment) Act
2003.
[No. 6.]
to those imposed on the data control- S.4
ler by section 2(1)(d) of this Act,
(b) ensure that the data processor provides
sufficient guarantees in respect of the
technical security measures, and
organisational measures, governing
the processing, and
(c) take reasonable steps to ensure compliance with those measures.
Fair processing of
personal data.
2D.—(1) Personal data shall not be treated,
for the purposes of section 2(1)(a) of this Act, as
processed fairly unless—
(a) in the case of data obtained from the
data subject, the data controller
ensures, so far as practicable, that the
data subject has, is provided with, or
has made readily available to him or
her, at least the information specified
in subsection (2) of this section,
(b) in any other case, the data controller
ensures, so far as practicable, that the
data subject has, is provided with, or
has made readily available to him or
her, at least the information specified
in subsection (3) of this section—
(i) not later than the time when the
data controller first processes the
data, or
(ii) if disclosure of the data to a third
party is envisaged, not later than
the time of such disclosure.
(2) The information referred to in subsection
(1)(a) of this section is:
(a) the identity of the data controller,
(b) if he or she has nominated a representative for the purposes of this Act, the
identity of the representative,
(c) the purpose or purposes for which the
data are intended to be processed,
and
(d) any other information which is necessary, having regard to the specific circumstances in which the data are or
are to be processed, to enable processing in respect of the data to be fair
to the data subject such as information as to the recipients or categories of recipients of the data, as to
whether replies to questions asked for
the purpose of the collection of the
data are obligatory, as to the possible
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