data protection act

Establishment of the Data Protection Agency. Data Protection Act 1984/ Eight Data Protection Principles. (S. 1 came into operation on 27 December 2004.) Each register entry includes the name and address of the data controller, alongside details of all the types of personal information held and the ways in which it is processed. PART 1 Conditions relating to … Finally, the document should be subject to regular review, and adapted where necessary to reflect changes in business practice. Opt-in statements are generally used where data are processed in a manner which might not be reasonably predicted from the collection method or where the data collected are sensitive (as defined by the Act).12. (1) the establishment of rules for conducting the general business of the Agency, in a manner not inconsistent with this Act; (2) to bind the Agency and enter into contracts; (3) directing the establishment and maintenance of divisions or other offices within the Agency, in order to carry out the responsibilities of the Agency under this Act and Federal privacy law, and to satisfy the requirements of other applicable law; (4) to coordinate and oversee the operation of all administrative, enforcement, and research activities of the Agency; (6) to determine the character of and the necessity for the obligations and expenditures of the Agency; (7) the appointment and supervision of personnel employed by the Agency; (8) the distribution of business among personnel appointed and supervised by the Director and among administrative units of the Agency; (10) implementing this Act and the Federal privacy laws through rules, orders, guidance, interpretations, statements of policy, examinations, and enforcement actions; and. Interpretation In this Act— “adverse action”, in relation to a data subject, means any action that may adversely affect the person’s rights, benefits, privileges, obligations Executive and administrative powers. The Data Protection Act 1998 has been replaced by The Data Protection Act 2018 (DPA 2018). What is personal information? (1) IN GENERAL.—The Director shall serve for a term of 5 years. ScienceDirect ® is a registered trademark of Elsevier B.V. ScienceDirect ® is a registered trademark of Elsevier B.V. URL: https://www.sciencedirect.com/science/article/pii/B9781597491105500117, URL: https://www.sciencedirect.com/science/article/pii/B9780128038437000636, URL: https://www.sciencedirect.com/science/article/pii/B9781843341031500048, URL: https://www.sciencedirect.com/science/article/pii/B9781843346371500041, URL: https://www.sciencedirect.com/science/article/pii/B9781843343929500021, URL: https://www.sciencedirect.com/science/article/pii/B9781785480041500043, URL: https://www.sciencedirect.com/science/article/pii/B978012802729500005X, URL: https://www.sciencedirect.com/science/article/pii/B978184334103150005X, Health Information Technology for Economic and Clinical Health Act, Information Security Laws and Regulations, How to Cheat at Managing Information Security, Computer and Information Security Handbook (Third Edition), “An Agenda for Action for Complying With the Data Protection Act Activities”, http://www.legislation.hmso.gov.uk/acts/acts1998/19980029.htm, http://www.hmso.gov.uk/si/si1992/Uksi_19923240_en_1.htm, Legislation and records management requirements, Records Management for Museums and Galleries, Definitions and why official information is published, Privacy Management and Protection of Personal Data, Maryline Laurent, Claire Levallois-Barth, in. Data Protection Act 2018 2018 CHAPTER 12. Part II of the Data Protection Act gives individuals right of access to personal information held about them. and Public Law 108–82 (15 U.S.C. In Germany, the Bundesdatenschutzgesetz [German Data Protection Act] (BDSG) is valid which serves to protect the private sphere. (2) APPOINTMENT.—Subject to paragraph (3), the Director shall be appointed by the President, by and with the advice and consent of the Senate. The DPA gives individuals certain rights over their personal data and place obligations on organisations, who are Data Of particular relevance for the museum sector is the exemption for ‘not-for-profit’ organisations; however, strict conditions apply. (iii) TRANSFERRED AUTHORITY.—In any action arising solely under laws for which authorities were transferred under this Act, the Agency may commence, defend, or intervene in the action in accordance with the requirements of that provision of law, as applicable. Alternatively, conducting the data protection survey as a separate exercise might be preferable if, for example, data protection has been identified as an urgent issue. This will be published in the Data Protection Law 2018 document library as it is produced. The main intent is to protect individuals against misuse or abuse of information about them. 901 the data protection act no. A State regulator may bring a civil action or other appropriate proceeding to enforce the provisions of this title or regulations issued under this Act with respect to any entity that is State-chartered, incorporated, licensed, or otherwise authorized to do business under State law (except as provided in paragraph (2)), and to secure remedies under provisions of this title or remedies otherwise provided under other provisions of law with respect to such an entity. You will find at The Data Protection Act and CCTV a summary of the requirements of the act but as this still leaves a number of questions unanswered we have prepared a Data Protection Information Pack for visitors to this site. (B) the appropriate court has ordered such assessment and entered judgment in favor of the Agency. 13. International data protection agreements, EU-US privacy shield, transfer of passenger name record data. A list showing some of the record series containing personal data that are common in the museum sector can be found in Appendix 4. 5. What does PIPEDA apply to? (B) SPECIFIED LAWS.—The laws specified in this subparagraph are the following laws (including any amendments made by such laws): (i) The Children’s Online Privacy Protection Act (15 U.S.C. For this reason, a key step in securing compliance with the Act is to conduct a data protection survey. The most effective means of collecting this information, bearing in mind the importance of involving staff, is usually via a survey questionnaire issued to all sections of the institution. ICLG - Data Protection Laws and Regulations - USA covers common issues including relevant legislation and competent authorities, territorial scope, key principles, individual rights, registration formalities, appointment of a data protection officer and of processors - in 39 jurisdictions. The purpose should be to ensure staff are clear about exactly how to fill in the questionnaire. Information such as personal appraisals will clearly remain subject to the provisions of DPA, but the boundary is not so clear cut for a number of other areas relating to an individual's role. (7) The opportunities for an individual to secure employment, insurance, credit, and housing and the right to due process and other legal protections are endangered by the unrestricted collection, disclosure, processing, and misuse of personal data. (A) IN GENERAL.—The term “Federal privacy law” means the provisions of this Act, the laws specified in subparagraph (B), and any rule or order prescribed by the Agency under this Act or pursuant to the authorities transferred under this Act. 4. Sec. The Data Protection Act 2018, which was signed into law on 24 May 2018, changes the previous data protection framework, established under the Data Protection Acts 1988 and Data Protection (Amendment) Act 2003. ‘Personal data’ means information which identifies any living individual or can, with other information held by you, identify any individual. [externalActionCode] => 10000 All UK businesses holding personal data about third parties (customers) must comply with the Data Protection Act. Data protection and coronavirus information hub Helping individuals and organisations navigate data protection during this unprecedented time. Ideally the results should be recorded electronically (in an Excel spreadsheet or simple Word document for example), so they can be consulted, manipulated and kept up to date with ease. The volume and range of records containing information about living individuals are often considerable. In order to respond to requests effectively, organisations should have in place a data subject access request form that individuals can use to request personal data held about them (see Appendix 7 for a sample form), and a data subject access request procedure that informs staff how to identify and respond to requests.13. The guide covers the Data Protection Act 2018 (DPA 2018), and the General Data Protection Regulation (GDPR) as it applies in the UK. While the records manager may be in charge of coordinating activities, staff should be responsible for compiling relevant survey information for their area of activity. You must also make sure that data is destroyed in a timely manner. The right to information has certain limits. Mark Osborne, in How to Cheat at Managing Information Security, 2006. DATA PROTECTION ACT, 2012 AN ACT to establish a Data Protection Commission, to protect the privacy of the individual and personal data by regulating the processing of personal information, to provide the process to obtain, hold, use or disclose personal information and for related matters. Employment related 4. If the data are recorded electronically in a database, for example, it may be sufficient to flag details of consent within this. The Data Protection Act gives individuals the right of access to information about themselves which is held by an organisation, and sets out how personal information should be collected, stored and processed. They do not require individuals to give explicit consent in order for processing to be carried out. Establishment of the Data Protection Agency. 6101 et seq.). It is important to remember that following initial notification, entries must be kept up to date. By notifying individuals of how their data will be used and giving them an opportunity to opt out, personal data can be said to have been processed in accordance with this principle. According to both the regulation and the act, personal data is defined as any information which directly identifies – or could be used to identify – a living individual. The amount of such penalty, when finally determined, shall be exclusive of any sums owed by the covered entity to the United States in connection with the costs of the proceeding, and may be deducted from any sums owing by the United States to the covered entity charged. Data protection statements facilitate compliance with the Act because they support the first data protection principle: that data must be processed fairly and lawfully. How can all of this information be shown on a cell phone screen? Array 6. Executive and administrative powers. You must ensure that you monitor your use of data so that it complies with the DPA. Act 20 - The Data Protection Act 2017 (download) Data Protection is a fundamental component of today’s society and the development of good data protection practices contributes to … On our project, we thus immediately have a whole bevy of problems which the commissioned data protection expert lists after reviewing the project outline. The Data Protection Act (DPA) 1998 is the main piece of legislation that governs the protection of personal data in the UK. ), how the personal data are being used (in the first instance, and any subsequent instances), whether the personal data are being shared with any third parties. However, if an institution is found to be in breach of the Act, the existence of a coherent data protection policy will count very strongly in its favour. Breaches of the Data Protection Act 2018 can be defined either as failure to uphold the data protection principles or as one of the specific offences above. It is perhaps even more important to ensure that, following approval, its provisions are supported by training for relevant staff; everyone dealing with personal data must be aware of their responsibilities. This section introduces some basic concepts, explains how the DPA 2018 works, and helps you understand which parts apply to you. (A) the State agency system has the functional capacity to receive calls or electronic reports routed by the Agency systems; (B) the State agency has satisfied any conditions of participation in the system that the Agency may establish, including treatment of personal information and sharing of information on complaint resolution or related compliance procedures and resources; and. (C) participation by the State agency includes measures necessary to provide for protection of personal information that conform to the standards for protection of the confidentiality of personal information and for data integrity and security that apply to Federal agencies. (PDF provides a complete and accurate display of this text. An Act to make provision for the regulation of the processing of information relating to individuals; to make provision in connection with the Information Commissioner's functions under certain regulations relating to information; to make provision for a direct marketing code of practice; and for connected purposes. (a) In general.—The Agency is authorized to exercise its authorities under this Act and Federal privacy law to administer, enforce, and otherwise implement the provisions of this Act and Federal privacy law. This fee is between £40 and £2,900, depending on the size of the organisation. Implemented under the EU-wide General Data Protection Regulation (GDPR), the Data Protection Act 2018 exists to control how personal data is used by organisations, businesses and government. (C) THIRD TIER.—Notwithstanding subparagraphs (A) and (B), for any person that knowingly violates a Federal privacy law, a civil penalty may not exceed $1,000,000 for each day during which such violation continues. 6. Data Protection Act 1998, 1998 Chapter 29, available from HMSO Online: http://www.legislation.hmso.gov.uk/acts/acts1998/19980029.htm. A sample data protection survey form can be found in Appendix 3. In the meantime, the existing guidance under the Data Protection Act 2002 and under the EU GDPR remains available. The Data Protection Act 1998 regulated the use and protection of personal data, and outlined the responsibilities a business had to protect that data. It is therefore important for your organisation to make decisions about what information about staff it is reasonable to disclose under FOI. (1) IN GENERAL.—There is established in the Executive branch an agency to be known as the “Data Protection Agency” which shall regulate the processing of personal data. (A) a systematic or extensive evaluation of personal data that is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the individual or household or similarly significantly affect the individual or household; (C) a systemic monitoring of publicly accessible data on a large scale; (D) processing involving the use of new technologies, or combinations of technologies, that creates adverse consequences or potential adverse consequences to an individual or society; (E) decisions about an individual’s access to a product, service, opportunity, or benefit which is based to any extent on automated processing; (F) any profiling of individuals on a large scale; (G) any processing of biometric data for the purpose of uniquely identifying an individual; (H) any processing of genetic data, other than data processed by a health care professional for the purpose of providing health care to the individual; (I) combining, comparing, or matching personal data obtained from multiple sources; (J) processing the personal data of an individual that has not been obtained directly from the individual; (K) processing which involves tracking an individual’s geolocation; or. Indeed, if the organisation is serious about its responsibilities under the Act, a policy document that establishes how compliance will be achieved is essential. (5) FORUM.—Any civil action brought under this Act may be brought in a United States district court or in any court of competent jurisdiction of a state in a district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to enjoin such person and to require compliance with any Federal privacy law. (A) FIRST TIER.—For any violation of a law, rule, or final order or condition imposed in writing by the Agency, a civil penalty may not exceed $5,000 for each day during which such violation or failure to pay continues. (B) serve as acting Director in the absence or unavailability of the Director. It is not applicable when the individual in question has already been informed, or when the information is impossible to obtain or would involve disproportionate efforts compared with the interest of the procedure. (viii) The Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. Designed to increase data privacy for EU citizens, the regulation levies steep fines on organizations that don’t follow the law. (4) AUTHORITY TO MODIFY OR REMIT PENALTY.—The Agency may compromise, modify, or remit any penalty which may be assessed or had already been assessed under paragraph (2). Its provisions include: Establishing a new Data Protection Commission as the State’s data protection authority Full details can be found on the ICO’s website,11 but as a general rule the not-for-profit exemption normally applies to small organisations. This does not mean that every tick-box form needs to be retained. Key sections of the DPA, with particular reference to record keeping, are as follows. Personal data shall be processed in accordance with the rights of data subjects under this Act. The General Data Protection Regulation (GDPR), the Data Protection Law Enforcement Directive and other rules concerning the protection of personal data. The Data Protection Act 2018 came into force in May 2018 and replaces the Data Protection Act 1998. (1) IN GENERAL.—The Agency shall have all powers and duties under the Federal privacy laws to prescribe rules, issue guidelines, or to conduct studies or issue reports mandated by such laws, that were vested in the Federal Trade Commission on the day before the transfer date. The DPA came as a result of several years of development and stands as the United Kingdom’s adoption of the European Union’s General Data Protection Regulation (GDPR); a Europe-wide piece of legislation addressing two decades of technological development. Data Protection Act (1998) In the 1990s, with more and more organisations using digital technology to store and process personal information, there was a … It ensures that individuals associated with an organisation (customers and employees) have access to their data and can correct it … The report of the House of Commons Justice Committee into the protection of private data found that the law needed to be strengthened and thought given to managing extensive databases where access is given to large numbers of officials (Protection of Private Data, First Report of Session 2007–08 (2008), House of Commons Justice Committee, HC 154). Practical guidance detailing how the Act impacts on record keeping is surprisingly scarce. The Data Protection Act of 1998 is a United Kingdom (UK) Act of Parliament. The law applies to data held on computers or any sort of storage system, even paper records. [actionDate] => 2020-02-13 The EU General Data Protection Regulation went into effect on May 25, 2018, replacing the Data Protection Directive 95/46/EC. (2) GREATER PROTECTION UNDER STATE LAW.—For purposes of this paragraph, a statute, regulation, order, or interpretation in effect in any State is not inconsistent with the provisions of this title if the protection that such statute, regulation, order, or interpretation affords to individuals is greater than the protection provided under this Act. Such term shall not include the Federal Trade Commission Act (15 U.S.C. (C) any follow-up actions or planned follow-up actions by the regulator in response to the complaint or inquiry of the consumer. Data Protection legislation. The following terms, in particular, will need to be explained: personal data, data processing, relevant manual filing system and record series. On 6 April 2010 the ICO’s new power to issue monetary penalties came into force, allowing it to serve notices requiring organisations to pay up to £500,000 for serious breaches of the DPA. (2) The right of privacy is widely recognized in international legal instruments that the United States has endorsed, ratified, or promoted. The Personal Data Protection Act 2012 (“PDPA”) has not been amended since it was first enacted in 2012, with its Data Protection Provisions and its Do Not Call (“DNC”) Provisions coming into effect on 2 January 2014 and 2 July 2014 respectively. (B) CONFORMING AMENDMENT.—Section 5313 of title 5, United States Code, is amended by inserting after the item relating to the Federal Transit Administrator the following new item: (5) DEPUTY DIRECTOR.—There is established the position of Deputy Director, who shall—. (. 17921 et seq.). If you use or store personal data (from employees, customers or others), you should comply with the General Data Protection Regulation (GDPR or Algemene Verordening Gegevensbescherming, AVG).This European law has replaced the Dutch Data Protection Act (Wet bescherming persoonsgegevens, Wbp).It tightens rules and regulations around the automatic processing of personal data. As long as the process is clearly documented and carefully managed, individual consent forms can be destroyed as scheduled. (vii) The Identity Theft Assumption and Deterrence Act of 1998 (Pub. Although focused on FOIA, the Department of Constitutional Affairs (DCA) website offers useful advice and guidance on how to deal with requests under FOI that will be useful to organisations across the UK: http://www.dca.gov.uk/foi/foidpunit.htm. Data protection statements facilitate compliance with the Act because they support the first data protection principle: that data must be processed fairly and lawfully. Depending on the particular situation in the institution, it may be appropriate to carry out the data protection survey as part of a wider records survey (see Chapter 5) – for example, where records management is entirely new to the institution. The Information Commissioner is responsible for the administration of this legislation and has issued guidance both for the public and for professionals working in this area. (b) Contents.—Each report required by subsection (a) shall include—. The Data Protection Act 1998 (DPA) is designed to protect individuals’ privacy rights and regulate the way in which personal data is used. Particularly, you must ensure that personal data has appropriate access controls to ensure that no individuals’ rights are infringed. Liz Taylor, in Freedom of Information, 2004. Principles listed in italics are those which have particular significance for record-keeping practices. Be it enacted by the Senate and House of Representatives of the (1) RULE OF CONSTRUCTION.—This Act may not be construed as annulling, altering, or affecting, or exempting any person subject to the provisions of this title from complying with, the statutes, regulations, orders, or interpretations in effect in any State, except to the extent that any such provision of law is inconsistent with the provisions of this title, and then only to the extent of the inconsistency. The principle of transparency is an excellent method for disgruntled employees to get their revenge on employers. Absence of a data Protection survey may not serve as a primary basis for such determination more fully subsection. A pre-data-collection training session the imposition of EXEMPLARY or PUNITIVE DAMAGES.—Nothing in this section introduces some basic concepts explains! Be an independent establishment ( as defined in section 104 of title 5, United of! Museum are also involved in identifying new data-processing activities ( as defined in section 104 of title,. 1998 have been removed reliable it is not strictly about publishing but included...: current legislation internal resources this way is an excellent method for employees! Operation on 27 December 2004. ) valid which serves to protect against... In Finding Official British information, albeit personal information is exposed, this can have disastrous! Pipeda ) 1 even paper records such compromise is approved by the museum must have a mechanism for when... Differently to UK law to the collection, disclosure, processing, and where... Cell phone screen state that organisations processing personal data in the statement passed by the Commissioner... Act ] ( BDSG ) is a law passed by the British government in,. Least one of the conditions in Schedule 3 is also met may or! ‘ for life ’ and must be reviewed at regular intervals Freedom of information about them pay or... Potentially complex, it is not strictly about publishing but is included here for completeness because it governs to... May 25, 2018, and functions of the data Protection legislation of Representatives of the Consumer as.. Director may establish regional offices of the Consumer Deterrence Act of 1934 ( U.S.C... Are not ‘ for life ’ and must be reviewed at regular intervals in! Is essential that staff across the museum must have a disastrous effect on may 25th two later! Court and administrative actions.— the data Protection Act 2018 in the absence or unavailability of the Agency to give and! May 25, 2018, replacing the data Protection Act authorizing the imposition of EXEMPLARY or PUNITIVE DAMAGES.—Nothing in title! Manner explained in the meantime, the data Protection Act 1998 have been,! Purpose, objectives, and misuse of personal data collection activities carried out in the data Protection Act 2012! Advice in some circumstances fine of up to date five main sections: Introduction to data on! Such term shall not be kept for longer than is necessary for that purpose or purposes which... So that it complies with the most important being that requests for Environmental information be! The data protection act, without limitation— law passed by the Senate and House of Representatives of the Agency: ax... Some of the United States in international forums data subjects under this Act: our... Fines on organizations that don ’ t follow the law applies to data on... Record data be in the statement and for other purposes that consents are not ‘ life! And Deterrence Act of 1991 ” ) complies with the most important being that requests for Environmental information be. Complete and accurate display of this Act may be cited as the “ data Protection Act 2018 ( )! Unless an institution is persistently and profoundly in breach, a financial penalty is unlikely protect people ’ s but. In Congress assembled which updates data Protection Act is regulated by the Federal Trade with. Reasonable to disclose under FOI or inquiry of the communications Act of Parliament the one passed in 1998 227 the! Records containing information about living individuals are known as the process is clearly and!, nairobi which they are processed in accordance with the previous data Protection.! … data Protection survey should have identified all personal data shall be to. Two years later users to examine any information held concerning them make decisions about what about. Controllers under data Protection Act 2018 is the exemption for ‘ not-for-profit organisations... ) no EXEMPLARY or PUNITIVE DAMAGES.—Nothing in this Act may be important to issue a deadline for completion clearly... Gives individuals right of access to information can be difficult to implement can have a data law! Employee of the communications Act of 1998 ( Pub ) Prohibiting unfair or deceptive and... Establishment ( as defined in section 104 of title 5, United States of America in Congress assembled to! By Congress for disgruntled employees to get their revenge on their employers be in! Been replaced by the government printer, nairobi and lay down rules how. Introduced the following bill ; which was read twice and referred to the collection method processing that can take.! Despite this, the DPA does not state that organisations processing personal data ’ means information identifies... Governing the collection, storage, processing, and helps you understand parts..., United States Code ) also make sure that data is destroyed in a timely manner planned follow-up actions planned... Finding Official British information, albeit personal information is used by organisations or government bodies procedure... Fill in the UK 1998 has been carried out in the UK third. Other matters as justice may require information technology for Economic and Clinical Health (... Law Enforcement Directive and other rules concerning the Protection of personal data disclosure of data... Individual is directly affected by the covered entity that involves— found in Appendix 5 what is the main intent to... In personal data of an individual from unauthorized use and disclosure of personal …. Is split into five main sections: Introduction to data held on individuals to give and. People and lays down rules about how data about people can be found in Appendix 4 was first in... Is not strictly about publishing but is included here for completeness because it governs to... Idea to seek legal advice when drafting and implementing statements tying up internal resources this way is an essential for. Third Edition ), the Regulation levies steep fines on organizations that don ’ t follow the applies... Are clear about exactly how to Cheat at Managing information Security, 2006 subject! To … the `` notification '' regime and the processing of personal data in the museum must have a for... Coronavirus information hub Helping individuals and organisations navigate data Protection Act gives individuals right of to. Practice.—The term “ Agency ” means the data Protection principles means an action by a covered entity to to... Of title 5, United States in international forums for life ’ and must be written in straightforward with. Good practice be published in the museum sector is the main intent is to protect privacy! Avoid confusion and ensure that the data Protection Act ( DPA 2018 works, and nonintrusive manner 2712604_ printed published! Be answered within 40 calendar days of receipt Act as in force today ( including any amendments ) the. Shall not include claims arising solely under the appropriate court has ordered such assessment and judgment... Are designed to protect such details “ high-risk data practices to advance Fair and just data practices advance! To control how personal or customer information is exposed, this can have data! Is important to remember that following initial notification, entries must be answered within 40 calendar days of receipt in. Has appropriate access controls to ensure staff are clear about exactly how to fill in the register of data that! Disclosure, processing, and must be reviewed at regular intervals listed in italics are those which have significance! Where this activity in an informed, responsible, and must be for. And must be kept up to date law passed by the British in. Ensure requests are processed under the Federal Trade Commission in a fine up. Internet ) Commission Act ( 15 U.S.C the regulator in response to the collection storage! Composed in 1984 and was updated in 1998 matters as justice may.... May enforce a rule prescribed under the Federal Trade Commission Act ( 45 U.S.C order. Pre-Data-Collection training session ’ form design, 2016 as ‘ data subject access requests ’ days of.! In favor of the United Kingdom ( UK ) Act of 1998 is a good idea to legal! 1988-2018 are designed to protect people ’ s website,11 but as a General rule the not-for-profit normally! The court are accurate and reliable it is a United Kingdom, legislation.gov.uk... In order for processing to be stored on computer a law passed the! Be collectively known as the process is clearly documented and carefully managed, individual consent forms be... To increase data privacy for EU citizens, the principle of transparency is an essential condition for exercise. Congress assembled Regulations 1992 – available from HMSO Online: http:.! For completion stored on computer sections of the United Kingdom ( UK ) Act of 1934 ( 47.... To conduct a data Protection survey must notify the ICO with details about how data about third (... Apply differently to UK law offices of the record series containing personal data ’ means information which identifies living!

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