Thursday, 09 February 2012

Clear procedures will ensure you don’t fall foul of the Data Protection Act, says David Hall

For the record

In the second of a mini-series on the Data Protection Act 1998, we consider how you should maintain data under the act’s principles.

Data must be accurate and up to date
This should be best practice for organisations anyway. It makes sense that the data you hold is fresh and correct. To achieve this, you can carry out regular audits to check the information you hold is up to date. You should also set up channels to let tenants can inform you when their details change.

Data should not be kept for longer than necessary
When you first collect data, think about how long you will need it for and dispose of it after that time.

Holding on to lots of historic data clogs up your systems and the information is more likely to be old. Think about how to cleanse your records.

A data retention policy is a good way to make sure that the data you hold for your tenants, particularly former ones, is kept for the minimum time.

Data must be processed in accordance with data subjects’ rights
‘Data subjects’ - anyone you hold information about - have several specific rights under the DPA.

One of the most important is an access right - individuals have the right to know if you hold data about them and to see a copy of what you have.

You can charge £10 for this and must respond promptly to such requests.

David Hall is a senior associate at Anthony Collins
david.hall@anthonycollins.com

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