I hope the list can help with a situation that is the reverse of what we
normally have to deal with: *import* of personal data, rather than
export!
I'm talking to a US university who want to provide their students with
access to an on-line resource in the UK, and we're trying to work out
which duties, if any, of the UK DPA apply to each of the parties. The
access may involve the US university providing personal data, such as
usernames or e-mail addresses, to the UK service so that it can set up
accounts for the students. The duty to inform seems to work out
particularly strangely...
As far as I can see if the resource has the ability to decide what
happens to the data, then it's a data controller subject to the Act (by
s.5(1)(a)) and has to inform the users of what is being done with their
data, even though it may have no way to contact them until they log in.
But if the resource is working under a contract with the university and
only acting on their instructions, then it appears that the resource is
a data processor and the university is a data controller. That seems to
fall within s5(1)(b), which seems to mean that the university (though in
the US and having only US users) becomes subject to the UK law. So the
university would be under a statutory duty to inform its (probably
surprised) users that their personal data were being *better* protected
than they would expect were the resource in the USA. And 5(2) further
seems to require that the university appoint a representative who is in
the UK.
Have I got that correct?
Thanks
Andrew
--
Andrew Cormack, Chief Regulatory Adviser
JANET(UK), Lumen House, Library Avenue, Harwell Science and Innovation
Campus, Didcot, OX11 0SG, UK
Phone: +44 (0) 1235 822302
Fax: +44 (0) 1235 822399
JANET(UK) is a trading name of The JNT Association, a company limited
by guarantee which is registered in England under No. 2881024
and whose Registered Office is at Lumen House, Library Avenue,
Harwell Science and Innovation Campus, Didcot, Oxfordshire. OX11 0SG
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