Some of you will have seen my exchange with @ICONews on Twitter. For those who have not:
I asked ICO: Can you confirm Commissioner still approves EC Model Clauses for use under DPA 1998 Sched 4 Para 8?
ICO answered : There's no reason for businesses using model clauses to stop. Businesses using Safe Harbor are advised to wait for ICO guidance.
I take that as confirmation, for now, that where we have used EU Clauses we still have exemption from P8 as they are "made on terms which are of a kind approved by the Commissioner as ensuring adequate safeguards for the rights and freedoms of data subjects."
Logically although not really relevant to public sector BCR still protect unless and until ICO withdraws his approval.
And as I pointed out before although P8 exemption applies to protect the DC from certain potential adverse consequences flowing from an alleged breach of P8 neither in fact protect the data from the same mischief as afflicted Safe Harbor. Approval by the commissioner that they provide adequate safeguards does not mean they do in fact.
P7 may be a different issue!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|