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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