Q&As

Who is a 'data controller' for the purposes of the Data Protection Act 1998?

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Published on LexisPSL on 20/05/2016

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • Who is a 'data controller' for the purposes of the Data Protection Act 1998?

For the purposes of the Data Protection Act 1998 (DPA 1998), a 'data controller' is defined as:

'a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed'

The term 'Personal data' is defined as follows:

'data which relate to a living individual who can be identified—

(a)     from those data, or

(b)     from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,

and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual'

The DPA 1998 also provides that where personal data are processed for purposes required by or under any enactment, the person obligated to process the data by or under that enactment is a data controller for t

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