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Data Protection and Compliance in Context by Stewart Room

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ENFORCEMENT BY THE DATA SUBJECT

The data subject is endowed with many rights and powers under the DPA that can be properly grouped together as examples of enforcement powers. For example, the right of access under section 7 of the DPA provides the data subject with an invaluable mechanism for securing the data controller’s compliance with the DPA. If the data controller fails to comply with a subject access request, or if when complying it reveals evidence of violations of the DPA’s provisions, the range of possible outcomes includes:

  • The data subject might commence a court action under section 7(9) of the DPA for an order requiring the data controller to comply, or comply fully, with the access request.

  • The data subject might exercise their ...

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