| 1. |
Who is an authorised officer? |
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An officer to whom the Commissioner has delegated her powers; |
| 2. |
What does blocking mean? |
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“Blocking”, in relation to personal data, means suspending the modification of data, or suspending or restricting the provision of information to a third party where such provision is suspended or restricted in accordance with the DPA;
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| 3. |
What type of information may be collected? |
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The information collected does not include receipt of unsolicited information;
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| 4. |
What does consent mean? |
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“Consent” means any freely given specific and informed indication of the wishes of the data subject by which he signifies his agreement to personal data relating to him being processed;
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| 5. |
What is data? |
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"Data" means information in a form which -
| (a) |
(i) |
is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose; and |
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(ii) |
is recorded with the intent of it being processed by such equipment; or |
| (b) |
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is recorded as part of a relevant filing system or intended to be part of a relevant filing system; |
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| 6. |
Who is a data controller? |
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"Data controller" means a person who, either alone or jointly with any other person, makes a decision with regard to the purposes for which and in the manner in which any personal data are, or are to be, processed;
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| 7. |
What does the data matching procedure stand for? |
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“Data matching procedure” means any procedure, whether manually or by means of any electronic or other device, whereby personal data collected for one or more purposes in respect of 10 or more data subjects are compared with personal data collected for any other purpose in respect of those data subjects where the comparison –
| (a) |
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is for the purpose of producing or verifying that data; or
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| (b) |
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produces or verifies data in respect of which it is reasonable to believe that it is practicable that the data,
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may be used, whether immediately or at any subsequent time, for the purpose of taking any adverse action against any of those data subjects; |
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| 8. |
Who is a data processor? |
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"Data processor" means a person, other than an employee of the data controller, who processes the data on behalf of the data controller;
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| 9. |
Who is a data subject? |
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"Data subject" means a living individual who is the subject of personal data;
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| 10. |
What does direct marketing mean? |
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“Direct marketing” means the communication of any advertising or marketing material which is directed to any particular individual;
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| 11. |
In what can information be stored? |
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| (a) |
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a disc, tape or any other device in which the data other than visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced from the disc, tape or other device; and
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| (b) |
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a film, tape or other device in which visual images are embodied as to be capable, with or without the aid of some other equipment, of being reproduced from the film, tape or other device;
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| 12. |
Who is an individual? |
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“Individual” means a living individual;
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| 13. |
What does information and communication network mean? |
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“Information and communication network“ means a network for the transmission of messages and includes a telecommunication network;
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| 14. |
What is a network? |
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“Network” means a communication transmission system that provides interconnection among a number of local and remote devices;
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| 15. |
What is personal data? |
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"Personal data" means -
| (a) |
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data which relate to an individual who can be identified from those data; or
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| (b) |
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data or other information, including an opinion forming part of a database, whether or not recorded in a material form, about an individual whose identity is apparent or can reasonably be ascertained from the data, information or opinion;
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| 16. |
What are legal proceedings? |
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“Proceedings” means any proceedings conducted by or under the supervision of a Judge, Magistrate or judicial officer; and includes –
| (a) |
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any inquiry or investigation into a criminal offence; and
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| (b) |
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any disciplinary proceedings; |
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| 17. |
What does processing mean? |
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"Processing" means any operation or set of operations which is performed on the data wholly or partly by automatic means , or otherwise than by automatic means , and includes -
| (a) |
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collecting, organising or altering the data;
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| (b) |
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retrieving, consulting, using, storing or adapting the data; |
| (c) |
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disclosing the data by transmitting, disseminating or otherwise making it available; or |
| (d) |
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aligning, combining, blocking, erasing or destroying the data;
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| 18. |
What is a relevant filing system? |
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"Relevant filing system" means a structured set of information relating to individuals that, although it is not in a form capable of being processed automatically, is structured, either by reference to any individual or by reference to criteria relating to the individual, in such a way that the structure allows ready accessibility to information relating to that individual;
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| 19. |
Who is a relevant person? |
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“Relevant person”, in relation to a data subject, means –
| (a) |
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where the data subject is a minor, a person who has parental authority over the minor or has been appointed as his guardian by the Court;
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| (b) |
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where the data subject is physically and mentally unfit, a person who has been appointed his guardian by the Court; |
| (c) |
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in any other case, a person duly authorised in writing by the data subject to make a request for information; |
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| 20. |
What is sensitive personal data? |
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"Sensitive personal data" means personal information concerning a data subject and consisting of information as to -
| (a) |
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the racial or ethnic origin;
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| (b) |
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political opinion or adherence; |
| (c) |
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religious belief or other belief of a similar nature; |
| (d) |
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membership to a trade union; |
| (e) |
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physical or mental health; |
| (f) |
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sexual preferences or practices; |
| (g) |
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the commission or alleged commission of an offence; or |
| (h) |
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any proceedings for an offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings;
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| 21. |
What is a telecommunication network? |
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“Telecommunication network” means a system, or a series of systems, operating within such boundaries as may be prescribed, for the transmission or reception of messages by means of guided or unguided electro-magnetic energy or both;
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| 22. |
Who is a third party? |
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“Third party” in relation to personal data, means any person other than –
| (a) |
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the data subject;
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| (b) |
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a relevant person in the case of a data subject; |
| (c) |
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the data controller; or |
| (d) |
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a person authorised in writing by the data controller to collect, hold, process or use the data –
| (i) |
under the direct control of the data controller; or |
| (ii) |
on behalf of the data controller; |
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| 23. |
What does traffic data mean? |
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“Traffic data” means any data relating to a communication by means of a computer system and generated by the system that form part in the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service;
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| 24. |
What does underlying service mean? |
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“Underlying service” means the type of service that is used within the computer system;
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| 25. |
What does use of personal data include? |
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“Use” in relation to personal data, includes disclose or transfer the data.
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