When it comes to the information we hold about you, your rights are set out clearly in the law. The Data Protection Act 1998 provides also that people who record and use personal data must be open about how it is used and that they must obey the eight Data Protection Principles.
In some instances, the law exempts us from these principles. This is normally where obeying the principles would damage the fight against crime, or be against the national interest in some way.
The next part of this leaflet explains what the Data Protection Principles are and how we obey them. Remember, it is simply an explanation; the code does not attempt to replace the Act itself.
In broad terms, the Data Protection Principles state that when we are dealing with people's personal information, we must:
First Principle - Process it fairly and lawfully
Processing includes "obtaining, recording or holding information". We must only obtain it fairly and lawfully. We have to tell you why the information is needed and how we may use it. We have explained this at Sections 2, 3 & 4 of the code. We only process the information in ways that the law allows.
The law imposes extra conditions on us when we are dealing with sensitive information. Information is considered to be sensitive if it deals with racial or ethnic origin; political opinions; religion; trade union membership; physical or metal health; sexual life; and offences or convictions and court proceedings. We will be sure to meet these requirements.
Second Principle - Process it for specific purposes and not in any manner incompatible with those purposes.
This means that the information we have on you will be processed only in ways that the law allows.
Third Principle - Only process information that is adequate, relevant and not excessive.
This means that we will only process the information that we need to do our job.
Fourth Principle - Ensure that the information is accurate and up to date.
This means that we will do all that we reasonably can to ensure that we hold only accurate information. We will review it regularly. We will take all reasonable steps to ensure that the information we hold on you is accurate and up to date. Where this is proved not to be the case, we will either delete it or update it.
Fifth Principle - Ensure that the information is not kept longer than is necessary.
As explained at Section 4, "Do we have any other uses for the information you have provided", information that you provide at the time of the recruitment campaign will be held on your personal record if you become an employee of the Ministry of Defence. If this is not the case, the information will be destroyed after one year.
Sixth Principle - Ensure that the information is treated in accordance with your rights.
In accordance with this 6th Data Protection Principle, you have a right to:
- Know what information we hold about you
- Ask us to amend anything that is incorrect
- Ask us to delete any personal information that we should not be keeping
Seventh Principle - Take care of your personal information
This means that we will do everything necessary to take very good care of any personal information that we hold on you. This includes:
- Ensuring the integrity of the staff who have access to your personal information
- Treating your personal information as confidential and in accordance with our formal procedures for the handling and storage of personal information
Eighth Principle - Ensure that your personal information is no transferred outside the European Economic Area unless there are suitable safeguards in the countries to which it needs to be sent.
This Principle is unlikely to affect your application but, for example, if you were to be employed by the Ministry of Defence and decided to take up a posting overseas, some of your personal information may need to be released to the country where you have chosen to work.