Does current data protection legislation achieve a satisfactory balance between the interests of the security manager and the individual?

Guide:

This question requires a consideration of the need to protect the privacy of the individual while recognising that this right is not absolute and that, in certain circumstances, the needs of the state or of public interest demands that measures are put in place which erode this right; for example, where information about individuals is collected and retained for the purposes of preventing crime. A balance therefore needs to be struck between the rights of the individual and the needs of the security services/manager. How does the law try to achieve this balance? Is it effective in doing so? Under what circumstances can and should individual rights be overridden to protect the public? Under what circumstances should the national interest take priority? What are the implications/consequences of doing so? How can the security manager ensure that s/he makes the ‘right’ decision in all the circumstances?

Further guidance:

This essay requires an appraised discussion on data protection legislature and whether or not it they provide a satisfactory balance between the interests of the security manager and the individual. This will require consideration of both theoretical perspectives and their application in terms of effectively balancing the needs of both parties.

Please make clear the point being made in each paragraph and how this relates to answering the question. After a general discussion of the available date protection legislation, try to focus on a few (4 to 5) in sufficient detail and depth on whether or not these few achieve a satisfactory balance between the interests of the security manager and the individual. This 4 or 5 legislation should be used in addressing the rest of the queries in the guide. The essay should be academic in nature and critically address the issue not just superficially. Avoid use of unnecessary headings, but ensure definitive structure.

The essay is to have a clearly defined introduction, main body and conclusion. No need for subtitles. The essay should be VERY ANALYTICAL rather than descriptive, e.g by considering the strengths and weaknesses of the various data protection legislature in achieving a satisfactory balance between the interests of the security manager and the individual, whilst relating it to the relevant theoretical perspectives.

Do not use website or internet based or online materials as resources or references. Please reference academic books ONLY. Use of academic journals should be limited to 3 sources only; all others (22) should be academic books.

The Harvard referencing system should be used for both in-text and end-text referencing. Words quoted verbatim should be in inverted commas, paragraphs or long sentences in an indented tab, etc