Marchini, Renzo wrote:
> Interesting, two quick thoughts:-
>
> * TUPE may well have applied (Transfer of Undertaking Protection of Employees Regs) and so as a matter of law X becomes employed by B (assuming consultation has happened, and opportunity to object to transfer - which might have resulted in redundancy at A)
> * Yes it is sensitive personal data, and A transferred it to B. Needs to fulfill one of the schedule 3 conditions - and although explicit consent is one of them - it is not the only one: the other which springs to mind is the following
>
> 2. - (1)
Renzo is right on this IMO.
"The United Kingdom's Treaty obligations to the Community enable the
court, where necessary, to supply by implication words appropriate to
comply with those obligations" (per Lord Oliver in Litster v Forth Dry
Dock.)
Thus if statutory authority were not present, I would suggest an English
court would imply words into the Data Protection Act authorising such a
transfer to enable the purpose of TUPE to be achieved (purposive
interpretation).
Or does anyone have a different view?
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