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Data Protection Act 1998: Guidance for Cabinet Office Staff

Standards and Best Practice Handbook for Government Departments

Introduction

This handbook is designed as an aid for staff working on data protection in government departments. It is not intended to be a general guide for all staff in a department, although some parts may be appropriate for wider distribution.

The guidance is not a comprehensive manual of data protection. It assumes that its users will have a basic knowledge of the Data Protection Act 1998 (DPA) and will be aware of its key provisions. The topics chosen for inclusion are those which have given rise to difficulty, or where there is uncertainty, and on which guidance has been requested. The handbook aims to provide any legal guidance available, with recommended best practice gained by experience of operating the Act.

Individual sections of the handbook are intended to be self-contained and do not necessarily build on previous sections. It is a reference manual, which readers should consult as necessary on individual topics.

There is an emphasis in the guidance on handling subject access requests (SARs). This is a reflection of the concerns which have been encountered in administering the Act and of the requests received for guidance, with greater uncertainty being found in responding to SARs than, for instance, in notifying with the Information Commissioner. It does not imply that less emphasis should be placed on those parts of the Act not covered in the handbook; it is merely that they have generated fewer queries.

The handbook contains recommended good practice but there can be no compulsion on individual departments to follow its recommendations. Where the recommended good practice does not fit their organisation, or their own legal advice differs from that in the handbook, departments must make a judgement as to the appropriate course to follow.

This guidance cannot remain static, and will be amended and added to from time to time. Any comments or suggestions for amendments should be addressed to a member of the Openness Unit in the Cabinet Office. Contact details are:

Dennis Morris: 0207 276 6333; dennis.morris@cabinet-office.x.gsi.gov.uk
Kevin Nichols: 0207 276 6334; kevin.nichols@cabinet-office.x.gsi.gov.uk
Brian Hogan: 0207 276 6335; brian.hogan@cabinet-office.x.gsi.gov.uk

The handbook is also available in portable document format (PDF)

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