McMillan Williams advises and represents corporate and individual clients on legal issues relating to the Data Protection Act 1998 (DPA).  The Act imposes various obligations on companies as well as other businesses and legal entities with regard to how they obtain, process, store, and share personal data about living individuals.

There are various data protection principles that govern how an entity must deal with personal data and it is unlawful to breach these.

We advise corporate clients upon data protection law, compliance, breaches, and documentation.  Our experts will assist in drafting documents such as data protection policies and protocols. We also assist by drafting data protection clauses in contracts.  In addition, we advise recipients of subject access requests upon the extent of necessary compliance.

Our experts are also happy to advise upon and draft subject access requests for individuals who are data subjects - ie, people about whom information is held or processed by another party.

Subject Access Rights

The Act conveys various rights upon data subjects. These rights are far ranging, but often vaguely expressed in the Act and difficult to interpret. In essence, data subjects have a right to be informed by any data controller whether it holds or processes data on them, and obtain from the data controller a description of the data, as well as a copy of the information in an intelligible form. The data subject can also request and receive information relating to the purposes for which the data are being held, the recipients or classes of recipients to whom it may be disclosed, and the source of the data.

Handling Data in Compliance with the Data Protection Act

Aside from their subject access rights, individuals can also seek to ensure that businesses, companies, employers and other entities are handling their data in compliance with the Data Protection Act.  When there is a breach of the Act, our lawyers specialise in both defending and pursuing complaints to the Information Commissioner's Office, as well as litigation for compensation in the courts.  We also seek to ensure that breaches are set right as soon as possible, and that measures are put in place so that they are not repeated.

When there is a breach of the Act, our lawyers specialise in both defending and pursuing complaints to the Information Commissioner's Office, as well as litigation for compensation in the courts. We also seek to ensure that breaches are set right as soon as possible, and that measures are put in place so that they are not repeated.

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