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Unit 12: Customer Privacy
(c) Supervisors must maintain high level of confidentiality of information exchanged Notes
during course of co-ordination.
12.1.20 Data Access
Once data has been collected it remains under the control of the data controller. If the data
changes (such as in the event the data subject moves to a different address) it is important that
this data be rectified and made current. Similarly, if the data subject finds, after his data has been
collected, that the database entries are incorrect, it should be open to the data subject to rectify
the database in order to rectify his own data. Many data protection legislations include provisions
such as:
1. Data subject must have access to the data, subject to applicable laws. The subjects are also
granted the right to rectify.
2. In some countries, the correction of personal information can be made following an
investigation.
3. Some countries have an exception that records maintained in anticipation of a civil action
or proceeding cannot be accessed.
4. Some countries require that the data holder must produce relevant identity proof while
requesting access to personal data.
5. It is mandatory for the data controller to provide an individual with information with
respect to data controller, the purpose of data collected and who are the recipients of the
data, information on processing of the data etc.
6. Information must be provided to the data subject in an intelligent form using clear and
plain language. Special care must be taken with respect to information of minors.
7. National law may restrict the repetitive exercise of access of information within a short
period of time, unless data subject provides sufficient reasons.
Cross Border Applicability and Transfer
European countries extend the applicability of their data protection legislations to persons who
may not be located within the country but may be using equipment located in the country, to
process information. Most European legislations also prohibit the transfer of data to countries
with less rigorous data protection laws. Our review indicates that 66% of countries analyzed,
have provisions that permit the regulator to prosecute non-residents in respect to data offences
as long as the data in question is stored within the country and the storage was not merely for
the purpose of transit.
Tasks Throw some light on the concept of “anti-social behaviour”.
Self Assessment
Fill in the blanks:
1. …………………… is defined as the expectation that confidential personal information
disclosed by any individual to anyone.
2. Data privacy and the need to protect personal information is almost never a concern when
data is stored in a …………………… manner.
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