The Data Protection Act 2002 has been drafted to meet the standards set out in the European Data Protection Directive 95/46/EC and is similar to the UK's Data Protection Act 1998.

On the 28th April 2004, the European Commission formally recognised that the Island's data protection legislation provides an adequate level of protection.

The Data Protection Act 2002 is very similar to the UK’s Data Protection Act 1998. There are three main differences:

1. Government departments are not exempt from prosecution
2. If a data controller unjustifiably refuses a data subject access request, the data subject can seek compensation from the Court for distress alone. The Court may also fine a data controller up to £5000 for failure to comply with a subject access request.
3. The Supervisor may refer a notification to the Data Protection Tribunal if he believes that the processing may contravene any of the data protection principles.

Under the Data Protection Act 2002, you have the right to object to direct marketing. Please refer to the direct marketing advice in the Your Rights section of this website.

If you reside in the British Islands and wish to prevent unsolictited direct marketing, the following UK agencies keep a register of persons who have indicated they do not wish to receive sales and marketing material.

Mailing Preference Services 0171 766 4410 or online at http://mpsonline.org.uk/mpsr/

Fax Preference Service 0845 070 0702 or online at www.fpsonline.org.uk

Telephone Preference Service 0845 070 0707 or online at www.tpsonline.org.uk

Most reputable companies regularly check this register against their data bases and remove the details of those people who have indicated they do not wish to receive unsolicited marketing material.

The Supervisor maintains a register of data controllers. A regularly updated list of the names of data controllers is available on our website, but this does not contain the details of the register entry. The full register is publicly available at our office, and whilst there is no charge for access to the register, a nominal fee is charged if you wish a hardcopy of a register entry.

Yes. You can make a subject access request to the Police. Please refer to the right of access to personal data advice in the Your Rights section of this website. The Isle of Man Constabulary have an application form available. This can be found on the Isle of Man Constabulary Vetting and Disclosure Unit webpage.

This is often done where people are emigrating and need to produce proof of that they have no criminal record.

However, some information may be withheld if it is exempt from disclosure.

Under certain circumstances information does not have to be made available.

These include circumstances where disclosure would identify a third party who has not given consent to the disclosure, for the prevention or detection of crime or where the information may cause damage or harm to the individual concerned.

Unless an exemption from notification applies, it is an offence to process personal data without notification.

Please refer to the How to Notify section for further information. The Court can impose a fine of up to £5000 for non-compliance with the law.