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It is interesting to try and compare this to digital data, what responsibility do we have when sending data?
If I was to send a CD in the post and it got lost, provided I have put good encryption on the CD so that it cannot be read by the person at the other there would be no or little risk of compromise so no problem. The same applies to email. I might want to change my courier.
We accept different and lower standards for paper in transit. Should we start sending paper in coded form? Should there be an accompanying safe? Should we make sure it is hand to hand delivery?
Chris
Chris Tinsley | Information Management Officer, GreenSquare Group
tel: 01249466305 | [log in to unmask] | Methuen Park, Chippenham SN14 0GU
GreenSquare incorporates Oakus, OCHA, Sparrow, Tidestone, and Westlea Housing
housing people, building communities
www.greensquaregroup.com
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 06 June 2012 10:12
To: [log in to unmask]
Subject: Re: [data-protection] Principle 7 - Data Processing
I think you could argue that the courier company only processes the data if they open your package. That would obviously be a breach of their terms and conditions, and also would make them the Data Controller, as they would not be doing it for your purposes. (This is speculative; please disagree.)
Meanwhile, you have complied with Principle 7 by selecting an 'appropriately' secure means of transmission.
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
For continuous priority support on Data Protection, sign up to my support
service:
www.paulticher.com/data-protection-services
----- Original Message -----
From: "Phil Bradshaw" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Sunday, June 03, 2012 6:55 PM
Subject: Principle 7 - Data Processing
I need to transmit some personal data to a third party. Section 1 definition
suggests transmission is a type of processing. I locate and use a
'reputable' courier service.
They lose the package. Am I in breach of principle 7 for not having a
written contract with them which complies with Schedule 1 Part II i.e. a
contract— (i)which is made or evidenced in writing, and (ii)under which the
data processor (the courier) is to act only on instructions from the data
controller, and (b)the contract requires the data processor to comply with
obligations equivalent to those imposed on a data controller by the seventh
principle.
What if my courier is the Royal Mail ?
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GreenSquare comprises
GreenSquare Group Limited | An Industrial and Provident Society with charitable status number 30386R | Tenant Services Authority registered number L4515 Registered Office: Barbury House, Stonehill Green, Swindon SN5 7HB
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