Saundra,
It sounds like the employer believes that it should obtain consent for
the transfer.
Unless the data transfer relates to some very limited data transferred
for a very specific purpose, such as data needed under U.S. law for
administration of stock options, there is no legal way in which a UK
employer can use consent as a basis for transferring employee data to
the U.S. The OIC has made quite clear in the past that it concurs with
the position on this taken in the Article 29 Working Party paper of
September 14, 2001 on processing of personal data in the employment
context (see
http://europa.eu.int/comm/internal_market/privacy/workingroup/wp2001/wpd
ocs01_en.htm).
Safe Harbor, model contracts, or, for the venturesome, binding corporate
rules: these are the only options for multi-national employers wanting
to move substantial amounts of HR data to the U.S. Until the employer
has registered with the OIC and executed a model contract, such
transfers are not lawful. As part of taking these two steps, employees
should receive a notice statement. The statement does not need to be
signed by the employee.
Don
* * * * * * * * * * * * * * * * * * *
Dr. Donald F. Harris, President
HR Privacy Solutions Ltd.
1202 Lexington Avenue, Suite 318
New York, NY 10028
Phone/fax: (212) 396-1184
E-mail: [log in to unmask]
Website: www.hrprivacy.com
* * * * * * * * * * * * * * * * * * *
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Saundra Kae Rubel
Sent: Tuesday, May 04, 2004 12:11 PM
To: [log in to unmask]
Subject: [Norton AntiSpam] sample notice for employers in the UK
Hello
Is there anywhere out there that I can find a sample notice for an
employer
to use?
An employer would want this form to be completed to have their
employees,
new and old, sign to transfer HR data overseas. The company is an
International company. There are model contracts already or soon to be
in
place. The company is not yet a member of Safe Harbor and has not
registered with the UK Info Comm office.
I have reviewed the UK Info Comm Employment Codes, but did not see a
sample
notice out there.
Does any one have one they want to share with me?
Thank you in advance
Sincerely,
Saundra
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