JISC legal information Service Essay Example

or business sectors, among others. Kant stresses the significance of treating individuals with utmost dignity and respect by considering them as ends in themselves rather than means to an end. The act of collecting personal data without consent disregards this principle and devalues individuals by reducing them to mere lifeless data.

Human beings have the inherent ability to make rational choices and decisions that are not controlled by others. The act of gathering personal information without consent, as in the case of Choicepoint, is condemned and devalues the individuals involved. Despite the benefits of the Personal Data Industry, it is important to establish guidelines in line with existing laws that protect and respect personal privacy. Choicepoint must adapt and comply with regulations to uphold human dignity and respect for others. Personal data should be processed fairly and lawfully, and individuals should be informed about its collection and usage.

The disclosure of the controller of personal information to individuals who have given consent is necessary. Obtaining the information directly from the individual, without any manipulation or harmful schemes, is important. It is essential to communicate the purpose of using the information at the time of collection, allowing individuals to make informed choices. The intention should not be overly broad and encompass all potential implications that could harm individuals. Consent can only be given once the party or representative seeking the information is revealed. Implied consent may apply for processing non-sensitive personal data.

The Act requires that valid consent is given to the data subject, ensuring they receive accurate and non-deceptive information. This consent must be obtained when collecting personal data. To ensure validity, the individual must be informed of

any unexpected use or sharing of their data with third parties. The person also has the right to withdraw their consent at any time. If the data controller plans to use the data for new purposes not previously disclosed, they must obtain renewed consent from the individual.

It is essential to obtain explicit consent from the data subject when processing sensitive personal data. This involves providing the data subject with information about the intended processing, including the type of data, purpose of processing, and any special aspects that could affect them.

Data processing should only be carried out for lawful purposes and must not be illegal or harmful to the individual who gives consent. Legitimate purposes may include administering justice, fulfilling statutory obligations, or performing functions in the public interest.

Additionally, processing may be necessary for the legitimate interests of the Data Controller or third parties who receive the data.

Sensitive data must be collected with caution. This refers to personal data that includes information regarding racial or ethnic origin, political opinions, religious beliefs, membership status in an association or organization, physical or mental condition, sexual life, commission or alleged commission of a criminal offense by the data subject, and details about any related legal proceedings. Personal data may only be collected for specific purposes and processed accordingly. If the data is intended for an unspecified purpose, explicit consent from the data subject is required. Furthermore, personal data should be relevant and not excessive; it should only be necessary for the stated purpose of processing. The information gathered should not surpass what is objectively necessary. Additionally, personal data must be accurate and regularly updated through proper record-keeping practices.

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removal or updating of all outdated and incorrect information is necessary, while personal data should only be retained for a specific period rather than an extended time. At the end of this period, individuals affected by the data should have the right to prevent further use, with the data being destroyed and deleted. The actions taken by Choicepoint clearly breach constitutional laws that protect privacy rights, entitling those impacted to appropriate damages based on their individual circumstances. Failure to comply with and flagrantly violate these laws would result in significant losses for Choice Point's business interests and capital reserves. Proper policy adjustments must be made to bring about a fundamental change in how Choicepoint operates.

It is essential to consider the law and moral conduct in all actions. Continuing with old policies like Choicepoint's can lead to the collapse of the industry and public condemnation for violating privacy. Strategic economic advantage should not justify any action. Business objectives should be pursued in accordance with acceptable norms. A business strategy that respects both business demands and human dignity is ideal, as it avoids prejudice and compromises while serving everyone's interests and basic human rights.

References:

1. Hayes, Martin. “The Data Protection Principles”, JISC legal information Service.. Last retrieved: December 18, 2006 from: http://www.jisclegal.ac.uk/dataprotection/DPPrinciples.htm Perry, David. “Privacy and Electronic Data Transfer” last retrieved: December 16, 2006 from: http://home.earthlink.net/~davidlperry/edata.htm.