How do you recognise "established"? Registered at companies house,
advertising in the UK, established by the UK Parliament etc etc.
Taxman probably got there first - if the organisation pays taxes in the UK
it is likely to be established in the UK.
C
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 29 January 2010 10:17
To: [log in to unmask]
Subject: [data-protection] Section 5 (1) (a)
Hi all,
Small, unexciting, technical issue.
Is anyone familiar with Section 5 (1) (a) of the Act? The relevant bit
says:
"... this Act applies to a data controller ... only if ... the data
controller is established in the United Kingdom and the data are processed
in the context of that establishment ... "
In particular I need to know what "in the context of that establishment"
means. If I am a UK company with a branch office in India, say, do my UK
data protection obligations extend to the personnel records kept in India
about the staff employed locally (with money provided from the UK), or only
to the personnel records kept in the UK about the senior staff who are
employed and paid in the UK, but based in India?
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
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