I never had a country punned after me before!
So I, as a putative Barbadian with a temporary reason for being in the UK,
am considered to be a UK data Subject (or to have the equivalent rights of
one) while I am physically in the UK (or presumably associated with my
university course, lodgings etc)?
I know this is not quite what you said. I'm digging! I may get back to
Timbuktu if I dig hard enough.
The reason for the question is the ever complex area of data transfer out of
the EEA. I am trying to think through the Data Controller's obligations,
but using me as a putative non EEA, non UK person as an example.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Chris Spray
Sent: Tuesday, November 23, 2004 11:19 AM
To: [log in to unmask]
Subject: [data-protection] Of where am I a data subject?
Unless I misunderstand the question I believe your "data subjectness"
relates to the
person (legal person) processing your personal data and/or where the
processing is taking place.
In the context of your question you would need to work out whether a person
is:
a) established in the UK and your personal data are processed in the context
of that establishment; or
b) not established in the UK, or anywhere else in the EEA, but is
nonetheless processing personal data in the UK (other than being in transit
through the UK).
If so:
c) is it a data controller under the DPA?
In your scenario all the while the university is processing your personal
data as a data controller, you are a data subject and have rights under the
Act whether you are living in the UK, Barbados or Timbuktu (no pun
intended!) and regardless of your nationality.
Chris
Please respond to Tim Trent <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>
To: [log in to unmask]
Subject: [data-protection] Of where am I a data subject?
This is a naive question:
"I am a Barbadian citizen and my residential address is in Barbados. I
attend university in the UK and live there during term time. I sometimes
spend Christmas and Easter in the UK, too. My university keeps detailed
records about me in the same manner as it does for all students. Where is
my 'data subjectness'?"
An additional question (if I proved to be a Barbadian data subject) is "What
are my rights, if any, under the UK DPA 1998?"
Now this may be naive, as questions go, but the answer(s) must be properly
defined somewhere
http://www.rac.co.uk
http://www.racbusiness.co.uk
http://www.bsm.co.uk
Any opinions expressed in this e-mail are those of the individual and not
necessarily the company. This e-mail and any attachments are confidential to
RAC and/or BSM and are solely for use by the intended recipient.
If you are not the intended recipient you must not disclose, copy or
distribute its contents to any other person nor use its contents in any way.
If you have received this e-mail in error please forward a copy of this
e-mail to "[log in to unmask]".
RAC Motoring Services: Registered England 1424399 VAT Reg No. GB 238640945
British School of Motoring: Registered England 291902 VAT Reg No. GB
239505847 Registered Office(s): 1 Forest Road, Feltham, TW 13 7RR
This e-mail and any attachments has been scanned for the presence of
computer viruses. RAC/BSM accept no responsibility for computer viruses once
this e-mail has been transmitted.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|