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Action 11 in United Kingdom flag United Kingdom

In accordance with Data Protection Directive 95/46/EC, Member States will enable citizens to have electronic access to those personal data that are held on them when available electronically and will inform them electronically whenever such data are being processed by automatic means, in a simple and unambiguous manner.

Indicator Status Evidence
Under the existing Directive (95/46/EC), does your legislation give your citizens right to have electronic access to their personal data that are held by the third parties in the electronic form? No Sections 7 and 8 of the Data Protection Act 1998 (DPA) allows citizens / data subjects to obtain a copy of their personal data in an intelligible and permanent form e.g. on paper or in an electronic format, subject to certain restrictions. However, as long as the data subject is provided with the personal data they are entitled to, they cannot demand that the personal data is provided in a format of their choice. But as a matter of good practice the Information Commissioner’s Office (ICO) would encourage data controllers where possible to respect a data subject’s preferences. See: page 35 of the ICO’s Subject Access Code of Practice http://www.ico.org.uk/for_organisations/guidance_index/~/media/documents/library/Data_Protection/Detailed_specialist_guides/subject-access-code-of-practice.PDF
Under the existing Directive (95/46/EC), does your legislation give your citizens right to be informed electronically whenever their personal data are processed by automatic means? No Section 7(1)(d) of the Data Protection Act 1998 (DPA) gives a data subject the right to be informed of the logic involved in any automatic processing which has constituted or is likely to constitute the sole basis for any decision which significantly affects them (other than when it constitutes a trade secret). However, the data subject does not have the right to specify the manner in which they are informed. But as a matter of good practice the Information Commissioner’s Office (ICO) would encourage data controllers where possible to respect a data subject’s preferences. See: Page 6 of the ICO’s Subject Access Code of Practice: http://www.ico.org.uk/for_organisations/guidance_index/~/media/documents/library/Data_Protection/Detailed_specialist_guides/subject-access-code-of-practice.PDF Sections 7 and 8 of the Data Protection Act 1998: http://www.legislation.gov.uk/ukpga/1998/29/section/7 http://www.legislation.gov.uk/ukpga/1998/29/section/8