Sally Justice on 01 September 2004 at 10:16 said:-
> I was of the opinion that Data Protection is there to
> provide protection
> for individuals etc. and good practice for Data
> Controllers etc. but not
> for organizations to use as a tool when something happens
> that they feel
> aggrieved about - apols to old Mirror Services Consortium and to
> Eduserv who are under the Jisc control.
>
> What do others think? As the JISC is very good at getting
> services to
> go out for tender every 3 years or so even when the
> service works well
> without any problems whatsoever, maybe we should approach the JISC
> before the next time this happens if other members of
> this list think
> they are using Data Protection incorrectly to cause
> problems. It seems
The essence of the issue sounds to be more of a protectionist contractual
dispute rather than a core DP one.
Provided any contract/data processor agreement correctly reflects all the
legal requirements, and the implementation also does, there should be no DP
difficulty in changing data processors. Quite the opposite, any change in
data processor should be facilitated smoothly, due to a clear set of
requirements regarding the circumstances surrounding processing and any
changes in those circumstances.
Subsequent breaches of contract/data processor agreement would be another
matter - in which case DP could be a direct and causative factor, but as
there are no DP recourses against data processors any action would need to
be contractual.
DP involvement, provided that involvement is fully informed, should only
serve to improve DP and the interests of the data controller.
> EDUSERV only have mirror for 3 years so we should start
> now I guess!
>
> Comments?
Involvement should be with the group(s) compiling the invitation to tender
and the contracts/data processor agreements.
Any later and contractual issues causing DP conflicts will probably already
exist, the onus for which, along with any DP breaches, squarely rest on the
Data Controllers shoulders.
Ian W
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