Further to Susan's comments, it's also worth noting that Schedule 4
paragraph 8 of the Data Protection Act 1998 applies where:

"The transfer [of personal data outside the EEA] is made on terms which are
of a kind approved by the [Information] Commissioner as ensuring adequate
safeguards for the rights and freedoms of data subjects".

This is one of the exemptions to the eighth Data Protection Principle set
out in Schedule 4.

I'd see this as normally applying to transfers that take place under one of
the model contractual clauses that the EC has approved for data transfers
outside the EEA, or transfers to US entities registered under the US "Safe
Harbour" scheme - but as Susan indicates, international data transfers are a
complex area. The Information Commissioner has some introductory guidance on
it at
http://www.ico.gov.uk/upload/documents/library/data_protection/practical_app
lication/generic_guidance_international_transfers_v2.pdf. It stresses the
need to carry out risk assessments, factors to take into account when
assessing whether there is likely to be adequate protection etc.

Peter


+++++++++++
 
Peter Garrod
Information Compliance Manager
C4, SOAS Library
Thornhaugh Street
Russell Square
London WC1H 0XG
United Kingdom
 
Tel (direct line): +44 (0)20 7898 4150
Fax: +44 (0)20 7898 4159
Email: [log in to unmask]
 
 

-----Original Message-----
From: Archivists, conservators and records managers.
[mailto:[log in to unmask]] On Behalf Of Debbie Usher
Sent: 12 March 2008 15:58
To: [log in to unmask]
Subject: Data Protection and Transfer of Data outside the EEA

Dear All,

Thank you to those who replied to my query about providing copies of 
records which would normally be closed by the Data Protection Act to a 
researcher outside the European Economic Area.

This is covered by the Code of Practice for Archivists and Records 
Managers under Section 51(4) of the Data Protection Act 1998 in paragraph 
4.13.1 which states that 'if the archives are generally closed and made 
available to researchers only on a conditional basis, e.g. that the 
results of the research will be anonymised, it may be possible to justify 
export under Schedule 4, paragraph 8. This will require safeguards to 
protect the interests of the data subjects, such as ensuring that the 
researcher has signed a specific undertaking concerning use of the data 
before the data is despatched.'

I hope this helpful to other Archivist's who may have been wondering about 
this.

Yours Sincerely, 

Debbie Usher, Archivist
Middle East Centre Archive
St Antony's College
Oxford OX26JF
UK
tel. +44 1865 284706
tel. UK 01865 284706
email: [log in to unmask]
web: http://www.sant.ox.ac.uk/mec/meca.shtml