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22 All organisations should ensure that any interception takes account of the LBPR otherwise they may find that the interception has been challenged as unlawful. htm. uk/acts/acts2000/ukpga_20000023_en_1. aspx. 22 23 42 10: IT Monitoring and Interception intrusive mechanisms should be used for monitoring where possible: for example, communications data should be considered first. If there is then cause for concern, monitoring or interception may take place under the LBPR. Users of a system must be told of any monitoring and interception and it may only be carried out by the person with the right to control the lawful operation or use of a system.
The first seven of these are self-explanatory, although a business that wishes to rely upon any one of them should review the detailed wording of the provision in the DPA. The eighth deals with transfers being made in accordance with ‘approved terms’. This is a reference to the use of European Commission-approved model contracts for transfers. The European Commission has accepted that where two parties enter an agreement which binds the parties to ensure the proper protection of the personal data, this can be a solution to the problem of transfer where the data protection law in the receiving jurisdiction would be inadequate.
It states that data controllers must take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of or damage to personal data. The DPA explains what should be weighed in deciding whether security measures are appropriate. The data controller has to consider the harm that might result from the unauthorised or unlawful processing or accidental loss or destruction or damage to data and the nature of the data to be protected, and must ensure an appropriate level of security taking into account the state of technology and the cost of implementing security measures.