Thesis

Data processing and individual freedom : data protection and beyond

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Awarding institution
  • University of Strathclyde
Date of award
  • 1988
Thesis identifier
  • T6208
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Abstract
  • This thesis attempts to place data protection legislation in its historical and legal context. Initially, it is argued that, within the United Kingdom's legal traditions, this subject should not be seen primarily as a response to concerns for the individual's right of privacy but rather as a means of safeguarding more tangible liberties. Within the confines of data protection legislation the merits of the Data Protection Act of 1984 are considered, both internally and as a response to the demands of the Council of Europe Convention for the Protection of Individuals with Regard to the Automated Processing of Personal Data. Within Western Europe the establishment of a supervisory agency to monitor data users' compliance with its dictates has come to be regarded as an integral feature of legislation. Whilst recognising the value of such an agency, this thesis criticises the manner in which the performance of its functions has been linked to a system of near universal registration of data users. In the age of the personal computer, this provides no realistic check upon the activities of users serving, rather, to dilute the resources of the supervisory agency. In addition to establishing a supervisory agency, data protection legislation confers directly enforceable rights upon individuals. These are, however, subject to exceptions, the scope and extent of which it is argued serve to considerably and unnecessarily limit their utility. In conclusion, it is argued that although data protection performs a valuable role, it must be only one part of an information policy designed for today's "information society". Data protection functions largely at the individual level, and can have little impact. upon developments in informational practices involving, for example, policing strategy, which possess general societal implications. Data protection must, therefore be seen as an intitial rather than as a definitive legislative response.
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DOI
EThOS ID
  • uk.bl.ethos.233213

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