ECONOMICS
the_changes_from_DPA_to_GDPR.docx

Gdpr has expanded the rights of data subjects where

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GDPR has expanded the rights of data subjects, where the data subjects have the authority to confirm to the data controller whether or not their personal data should be process. Under DPA, the data controller could just process that personal data of an individual without necessarily getting the confirmation from the data subjects.
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COURSEWORK 6 Additionally, the other difference between DPA and GDPR lies of the right to be forgotten, also known as data eraser. While there is not much difference in this change, what GDPR has emphasized on is the need to use personal data for only purposes that it was originally meant, such that the data subject can order for his data to be erased and forgotten from the data base ones the purpose is accomplished. Under DPA principles, the controllers were expected to notify local DPA about their activities pertaining to processing of data. GDPR considered this as bureaucratic and tiresome, hence they have introduced the Data Protection Officers. The data subjects never had rights to receive personal data concerning them under DPA, however, with the new changes in GDPR, data subjects have rights to receive data concerning them. Assignment task 3 Consider whether Adam can take any action against PhysioBest in Negligence In order to bring an action in negligence, Adam (the claimant) must be able to show that PhysioBest owed him a duty of care, that the hospital through the doctor broke the duty of care and damage arose because of the breach of duty of care. Essentially negligence has three element: duty of care, breakage of the duty of care and causation. A duty of care is damaged when the defendant fails to show a reasonable level of care expected of him as outlined in the case of Blyth v Birmighan Waterworks Company (1856). There are two types of duties of care: the duties which are spelled out in the law and the duties which are inferred by the prevailing circumstances. PhysioBest as hospital, including its doctors owed a duty of care to Adam and it appeared to have been damaged when Petra did a wrong medication. When a duty of care is broken, liability for negligence may come in place. Medical negligence computes a branch of law called tort, derived from a Latin word ‘tortere’ meaning hurt. The concept of hurt is a significant consideration in finding negligence. There is a special relationship between a patient and a doctor. When a patient is admitted in a healthcare, a duty of care is created between the
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COURSEWORK 7 patient and any healthcare workers who come in his care, including the doctors and the rest of the employees. As such, it highly qualifies that PhysioBest and all its workers owed Adam a duty of care. It is established that when the doctor in charge of the patient fails to meet appropriate standards expected of a reasonable man, there is a breach of duty. To assess whether damage has occurred the test employed to make judgment in in Barnett v Chelsea & Kensington Hospital Management Committee [1968] will be used here. Under this test, it can be evident that the damage would have been avoided but because of the negligence of the doctor (Petra). It
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