Can see where this is coming from, but surely this view clearly conflicts
with the DPA data subject rights set out in OIC Legal Guidance p.16 - "A
data subject need not be a UK national or resident. Provided that the data
controller is subject to the Act, rights with regard to personal data are
available to every data subject, whatever his nationality or residence"?
Personal viewpoint, as always.
regards
Su
-----Original Message-----
From: Trent,Tim [mailto:[log in to unmask]]
Sent: Monday, February 04, 2002 11:19 AM
To: [log in to unmask]; [log in to unmask]
Subject: RE: Transborder data flows
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
(0)7710 126 618
Visit our home on the web: http://www.gartner.com
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