Statutes 1998: Data Protection Act 1998

United Kingdom
28/01/1999
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Data Protection Act 1998

The Data Protection Act 1998 received Royal Assent on 16 July 1998 and adopts the requirements of the EC Data Protection Directive into English law. It is due to come into force next year, although data held in relation to pension schemes is exempt from the new Act's provisions until 24 October 2001.
One of the main changes the Act introduces is the extension of the data protection regime to manual records. The definition of data is so wide that almost any information held by pension schemes, in whatever format, will be covered.

As with the 1984 Data Protection Act, the 1998 Act is based on a number of principles. One new principle requires the data controller (the trustees in the context of a pension scheme) to ensure that appropriate technical and organisational measures are taken to avoid unauthorised or unlawful processing of data, and to avoid accidental loss of or damage to that data. Trustees will have to ensure that not only they but also the employer and the scheme administrator have adequate procedures in place to prevent a breach of the Act.

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