Section 5(1) of the DPA is here
http://www.opsi.gov.uk/Acts/Acts1998/ukpga_19980029_en_2#pt1-l1g5 (and
see article 4 of the directive for equivalent language), but in brief it
applies if
a) the controller (the networking site) is "established" in the UK or
b) if it uses equipment in the UK.
On either ground there is an argument that a US organisation is within
the jurisdiction. (a) "established" includes a branch or agency (see
sub-sec (3) - so any sales arm even if no server is within the
jurisdiction would trigger it). But more likely according to Article
29 working party (albeit more controversially) is (b) and that might
apply in a number of ways (its impossible to know whether in a
particular case it would apply without knowing more about the
infrastructure):
First, if they have any servers in the UK (or Europe) even if simply
housed in a datacenter controlled by a third party (a hosting/housing
company who would be a data processor).
Secondly, and this is controversial, if they place a cookie on the PC of
any user (which inevitably they do). The argument goes that they are
then using the equipment of the user which is within the UK. See
Working Party paper WP 56
(http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2002/wp56_en.p
df) where under the "Cookies" section they conclude (in the context of a
specific example, admittedly):-
"The Working Party is therefore of the opinion that the national law of
the Member State where this user's personal computer is located applies
to the question under what conditions his personal data may be collected
by placing cookies on his hard disk."
Renzo Marchini
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
[log in to unmask]
www.dechert.com
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of
[log in to unmask]
Sent: 21 May 2009 08:59
To: [log in to unmask]
Subject: Re: [data-protection] Websites keeping Deleted Photos
Some of the networking sites such as Facebook are US based organisations
which maintain their computers in the USA. How can they be in breach of
the UK's DPA?
Charles
Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan
Sent: 21 May 2009 08:44
To: [log in to unmask]
Subject: Websites keeping Deleted Photos
On the subject of photos...
http://news.bbc.co.uk/1/hi/uk/8060407.stm
User photographs can still be found on many social networking sites even
after people have deleted them, Cambridge University researchers have
said.
They put photos on 16 popular websites - noting the web addresses where
the images were stored - and deleted them. The team said it was able to
find them on seven sites - including Facebook - using the direct
addresses, even after the photos appeared to have gone.
Question: which DP principles does this breach?
Me thinks: One, two, three and five
Regards
Ibrahim Hasan
Director
Act Now Training Limited
www.actnow.org.uk
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