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Rights in relation to inaccurate data
If you consider that data being held about you is incorrect or misleading as to any matter of fact, you may apply to the Court for an order requiring the data controller to rectify, block, erase or destroy the data.
A Court may also make such an order if it is satisfied that you have suffered damage due to breach by a data controller of any of the requirements of the DPA entitling you to compensation under section 13, and that there is a substantial risk of further contravention of the data.
In either case, the Court may, where it considers it reasonably practicable, order the data controller to notify third parties to whom the data have been disclosed of the rectification, blocking, erasure or destruction.
If the data are incorrect but accurately record the information given to the data controller by the data subject or a third party, the Court may consider the requirements set out in the interpretation of the Fourth Data Protection Principle namely:
- whether the data controller took reasonable steps to ensure that the data were correct; and
- if the data subject has already notified the data controller of his view that the data are inaccurate, and whether the data indicate that fact.
If the Court considers that these requirements have been complied with the Court may, as an alternative, order that the data be supplemented by a Court approved statement of the true facts.
If the Court considers that any or all of the above requirements have not been complied with, the Court may make such order as it sees fit.
If you have suffered damage or damage and distress as a result of the data controller’s processing of inaccurate data, you may also be entitled to compensation under section 13 (see right to compensation).
A Court may also make such an order if it is satisfied that you have suffered damage due to breach by a data controller of any of the requirements of the DPA entitling you to compensation under section 13, and that there is a substantial risk of further contravention of the data.
In either case, the Court may, where it considers it reasonably practicable, order the data controller to notify third parties to whom the data have been disclosed of the rectification, blocking, erasure or destruction.
If the data are incorrect but accurately record the information given to the data controller by the data subject or a third party, the Court may consider the requirements set out in the interpretation of the Fourth Data Protection Principle namely:
- whether the data controller took reasonable steps to ensure that the data were correct; and
- if the data subject has already notified the data controller of his view that the data are inaccurate, and whether the data indicate that fact.
If the Court considers that these requirements have been complied with the Court may, as an alternative, order that the data be supplemented by a Court approved statement of the true facts.
If the Court considers that any or all of the above requirements have not been complied with, the Court may make such order as it sees fit.
If you have suffered damage or damage and distress as a result of the data controller’s processing of inaccurate data, you may also be entitled to compensation under section 13 (see right to compensation).
