How can the UK Government use your personal data?

Personal data held by any organisation is subject to the Data Protection Act 1998 and public bodies are also subject to the Freedom of Information Act 2000. The Government should adhere to the Acts and ensure that data is not kept without reason. It is often Government organisations, perhaps because of the sheer volume of data they hold, that are the subject of legal cases and media reports because of lost data or failure to adhere to the principles of the Acts.

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The law on data protection contained within the Data Protection Act 1998 allows you to see the personal information held about you, regardless of whether the relevant organisation is a public or a private organisation. If you want to know what information the NHS, for example, holds on you, then you can make a request under the Data Protection Act. The Freedom of Information Act gives the right to see official information held by public authorities including hospitals, local councils and the police.

The Data Protection Act requires an organisation to use your data fairly, keep it secure and ensure accuracy. How different Government organisations use information will vary from organisation to organisation, but no organisation should keep irrelevant information. It is fairly easy to get a copy of all the information that an organisation holds on you: you can make a subject access request. In the case of the UK Borders Agency, a subject access request will mean that the department will send a copy of the entire file to the relevant person. In some circumstances the department will not be required to send certain pieces of information, usually because to do so would breach someone else’s right to have their data protected, or because it may be a breach of national security. An organisation has a limited amount of time to produce information when it is requested and will usually have 40 calendar days to give you the information requested. You should be aware that a public authority has the right to charge for the information given to cover their costs.

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