Insurance Adviser Alert: New changes to the Data Protection Act will prevent insurers from requiring criminal record checks from insureds - DAC Beachcroft

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Insurance Adviser Alert: New changes to the Data Protection Act will prevent insurers from requiring criminal record checks from insureds

Published 28 July 2014

This article considers the changes to the Data Protection Act 1998, which will come into force on 1 December 2014, making it unlawful for insurers to require insureds to provide details of their criminal record.

The right to subject access

An individual's right to make a "data subject access request" is a cornerstone of the Data Protection Directive (95/46/EC),which was implemented in the UK by the Data Protection Act 1998. Section 7 of the Act specifies that an individual has the right to get a copy of the information that is held about them by a "data controller", which includes the Police. Essentially, the purpose of subject access rights is to enable an individual to check whether their data is being processed lawfully and in a way which does not infringe their privacy.

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Authors

Daniel Abbey

Daniel Abbey

Birmingham

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