The information I have been given by my legal advisors is that an individual
cannot grant consent to break national legislation. Thus the request must
be rejected and reasons given for rejection.
One might compare this to laws on sexual consent where it may not be given
by a person below a certain age, thus a sexual act is illegal despite
"apparent consent" of the participants if too young.
_____________________________________________________________
Tim Trent
Chief Privacy Officer EMEA
> Gartner
EMEA Marketing, Tamesis, The Glanty, Egham, Surrey, United Kingdom,
TW20 9AW
Switchboard +44 (0)1784 431 611, Direct Line +44 (0)1784 267 335, Mobile +44
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-----Original Message-----
From: Su Goulding [mailto:[log in to unmask]]
Sent: 04 February 2002 10:10
To: [log in to unmask]
Subject: Re: Transborder data flows
consent of data subject?
Su
-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]]
Sent: Friday, February 01, 2002 7:54 PM
To: [log in to unmask]
Subject: Transborder data flows
If a data controller receives a valid request for information from a data
subject outside the EEA, and can properly respond to such a request within
the EEA, may they so pass the response outside the EEA, even if it involves
a trans-border data flow to a country without adequate protection for the
rights of the individual?
Ian W
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