Office of the Data Protection Commissioner

A-Z of Data Protection


Consent
Controller of personal data
Data Subject
Personal Data
Personal Data Representative
Processing and processing of personal data
Processor
Recipient
Right of Access
Sensitive Personal Data


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.

Controller of personal data or controller means a person who alone or jointly with others determines the purposes and means of the processing of personal data.

Data subject means a natural person to whom the personal data relates.

Personal data means any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.

Personal Data Representative (PDR) means a person, appointed by the controller of personal data, who shall independently ensure that the personal data is processed in a correct and lawful manner.

Processing and processing of personal data mean any operation or set of operations which is taken in regard to personal data, whether or not it occurs by automatic means, and includes the collection, recording, organisation, storage, adaptation, alteration, retrieval, gathering, use, disclosure by transmission, dissemination or otherwise making information available, alignment or combination, blocking, erasure or destruction of such data.

Processor means a person who processes personal data on behalf of a controller.

Recipient means a person to whom personal data is provided; however, when personal data is provided in order that the Commissioner may perform such supervision, control or audit that it is under a duty to attend to, the Commissioner shall not be regarded as a recipient.

Right of Access - The Data Protection Act provides that a data subject has a right to access his own personal data. Where personal data relating to you is being processed, you are entitled to receive written information, without excessive delay and without expense. The information shall indicate:

  • the actual personal data which is processed;
  • the source of the information;
  • the purpose of the processing;
  • any recipients or categories of recipients of the data;
  • logic involved in any automatic processing of data relating to you.

In exercising your right of access, you need to write to the person or organisation you believe holds the information. The request must be made at reasonable intervals, in writing and signed by the data subject.

Does this mean that I have a right to access the whole file or record?

The Act requires the controller to provide you with “written information”, which must however give a clear and fair account of the personal data held about you. This does not mean that you have a right to access the file or any copy contained in such file.

In providing such information the controller may not in any way reveal the identification of third parties. So normally the controller may summarise or take extracts from the file to give you a true and full picture of the personal data held about you without impinging on the privacy rights of others.

Sensitive personal data means personal data that reveals race or ethnic origin, political opinions, religious or philosophical beliefs, membership of a trade union, health, or sex life.