The Scope of the DPA in section 5(1) b states that the Act does not apply where the processing of data is only for 'the purposes of transit through the UK.
Has there been any guides or has anyone any views on how 'transit' is interpreted in this context.?
ie What if a non EEA territory (X) transfers their data centre to the UK but all the access into and out of the data centre in respect of the data held occurred only from the territory X. Is that considered transit through UK?
Datacentres will have to operate various maintenance / security procedures ie backups as one example which are arguably processing the data but the intent may be never to use the data other than support the processing infrstructure.
If the Act applies does it not give all the individuals, who reside outside of the UK in territory X, Data Protection subject access rights and compensation rights for breach of principles.
Discuss....
David Wyatt
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|