The Data Protection Act allows data subjects to demand rectification, erasure, deletion or blocking of data which are inaccurate. However, the European Directive, which is the primary legislation, says that data subjects can demand erasure and blocking for any breach of the provisions of the Directive which includes a data controller keeping data for longer than is necessary.

The Data Protection Society has asked the European Commission to consider this discrepancy. We think that data subjects should be able to demand that their personal data is rectified, erased or blocked for any breach of the Directive and not just for inaccuracy. At present, we have to rely on the Information Commissioner taking action against a data controller and this usually means persuading them. We would like to see data subjects having an absolute right in English and Scottish Law.