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SCHEDULE 11
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MODIFICATIONS OF ACT HAVING EFFECT AFTER 23RD OCTOBER 2001 BUT BEFORE 24TH OCTOBER 2007 |
| | 1. After section 13 there is inserted-
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| "Rights of data subjects in relation to eligible manual data. |
13A. - (1) A data subject is entitled at any time by notice in writing-
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(a) to require the data controller to rectify, block, erase or destroy eligible manual data which are inaccurate, or |
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(b) to require the data controller to cease holding eligible manual data in a way incompatible with the legitimate purposes pursued by the data controller. |
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(2) A notice under subsection (1)(a) or (b) must state the data subject's reasons for believing that the data are inaccurate or, as the case may be, his reasons for believing that they are held in a way incompatible with the legitimate purposes pursued by the data controller.
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(3) If the court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent) that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.
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(4) In this section-
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"eligible manual data" means eligible manual data as defined in paragraph 1(2) of Schedule 8 which were held immediately before 24th October 1998, but does not include data to which the exemption in paragraph 14 of that Schedule applies; |
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"inaccurate" shall be construed in accordance with section 12(5)." |
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| | 2. In section 14(1), for " 13" there is substituted " 13A".
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| | 3. In section 31-
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(a) in subsection (2) for "section 13" there is substituted "sections 13 and 13A", and |
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(b) in subsection (4) for "or 13(8)" there is substituted ", 13(8) or 13A(3)". |
| | 4. In section 33 for "section 12" there is substituted "sections 12 and 13A".
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| | 5. In paragraph 9 of Part II of Schedule 1, the word "or" at the end of paragraph (c) is omitted and after paragraph (d) there is inserted"or
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(e) he contravenes section 13A by failing to comply with a notice given under subsection (1) of that section to the extent that the notice is justified." |
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