Data protection and human rights

Examines issues surrounding data protection and human rights, particularly in relation to the loss of data by government departments. House of Commons papers 132, 2007-08.

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This report from the Joint Committee of Human Rights (HLP 72/HCP 132, ISBN 9780104012468) examines issues surrounding data protection and human rights, particularly in relation to the recent loss of data by government departments. Personal data should be handled in accordance with the Data Protection Act (PGA 1998 chp. 29, ISBN 9780105429982), whilst the Human Rights Act (PGA 1998 chp. 42, ISBN 9780105442981) safeguards the right to respect personal information. The Committee has expressed concern about the recent lapses in the protection of data in particular where the sharing of information takes place, and that such sharing needs to be justifiable and appropriate.The Committee fundamentally disagrees with the Government's approach about data protection and does not agree that the two Acts offer sufficient protection, and that further primary legislation is needed to make clear the importance of data protection inside and outside government. The Committee also states that the recent lapses are indicative of a symptomatic failure within government to safeguard personal data and that human rights are far from being a mainstream consideration in Government departments.
The Committee states that Government needs to set out proposals to rectify this situation. The Committee supports the extension of the Information Commissioner's powers to defend human rights, but expresses regret that it has taken the loss of personal data affecting 25 million people for the Government to take the issue of personal data more seriously. For a related publication, see (HCP 154, session 2007-08, Protection of private data, ISBN 9780215037923).