Logic:
The Data Processor is technically a "part" of the Data Controller. Thus it
can be argued very clearly that any processing they do is linkable to the
Data Controller's data.
But it really depends where and how the data set has been anonymised. If
the Data Controller makes the data set impossible to relink and then passes
it to someone for processing the "someone" is not even a DPA defined "Data
Controller", and the data is simply not covered by the act.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com
This message is for the intended addressee's use only. It may contain
confidential, proprietary or legally privileged information. No
confidentiality or privilege is waived or lost by any mis-transmission. If
you receive this message in error, please immediately delete it and all
copies of it from your system, destroy any hard copies of it and notify the
sender. You must not, directly or indirectly, use, disclose, distribute,
print, or copy any part of this message if you are not the intended
recipient. Any views expressed in this message are those of the individual
sender, except where the message states otherwise and the sender is
authorised to state them to be the views of any such entity.
-----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, July 20, 2004 11:51 AM
To: [log in to unmask]
Subject: [data-protection] Data processors
If I hold personal data and have a subset, from which the identity of the
data subject cannot be established, processed by a data processor is the
subset still personal data and subject to the 7th principle requirements for
data processors, or, because it is anonymous to the processor, is it outside
the DPA in the processors hands?
I'm being advised the latter view is correct, but I'm not convinced!
Chris
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|