The EEA as a body requires that data does not leave its shores. Obviously
this prevents trade, so the work arounds are:
* Ensure the data subject is aware that the data may be exported from the
EEA
* Offer the chance to permit/deny the export of data
* Move towards the options of "Model Contracts" or "Binding Corporate Rules"
I hope you won't mind my sharing an example of one of my own businesses,
here, as a Best Practice for Privacy Policy/Export Permission
http://partnermine.com/app?service=page/PrivacyPolicy shows a privacy policy
that not only encompasses Data Transfers globally as a part of the contract
with the user, it embraces Sensitive Personal Data as well. Because of the
nature of this site any data apart form that marked confidential is exported
at once from the EEA (if it ever resided there, this is a global site), and
published globally
I have often wondered about this part of the law, though. Being able to opt
out of national legislation seems to be a very strange idea, to me. It is
like joining a motor club whose members can opt out of speed limits.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
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Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Charles Prescott
Sent: 20 July 2005 12:31
To: [log in to unmask]
Subject: Re: [data-protection] India and the 8th principle
Further to my previous message on using the contractual solution, does
anyone know if your Act requires a data exporter to obtain approval of its
contract from the DPA prior to export? Spain and I believe Sweden
does.Several DPA's at a minimum require the notification/registration to
indicate whether data is exported. Does the UK?
[Message delivered by NotifyLink]
----------Original Message----------
From: John Hughes <[log in to unmask]>
Sent: Wed, July 20, 2005 5:42 AM
To: [log in to unmask]
Subject: [data-protection] India and the 8th principle
Does anyone know the status of India with regard to the 8th principle - i.e.
do they have adequate levels of protection for the rights and freedoms of
data subjects in relation to the processing of personal data? I have been
asked to investigate the feasibility of certain departments using a typing
service which would involve the transfer of personal data to India and back,
but I'm not sure whether this is permissible or not. There is an option to
anonymise letters prior to transfer but it would be quicker and simpler to
keep certain identifiers on them.
This is something I have puzzled about at home when bombarded with phone
calls from the Far East wanting to sell me cheaper gas, electricity, phone
bills etc. etc. Have they the right to be processing my personal data over
there?
John
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