If this is a pure data processor arrangement I agree with those who say no additional S2 or S3 condition is required. As DC you still fully determine the purpose and manner of processing and the conditions which you would use if doing the work internally suffice. The ICO example Dan mentions is specific to P8 and does not encompass the S2 or S3 issues. ICO is referring to the S4 conditions which must be in place (if not EEA etc. ) and this would be the case whether a processor or your own overseas branch.
At least that's what I think ICO should be referring to. I can't see what legitimate interests condition has to do with it ... to that extent I believe ICO is simply wrong - S2C6 simply cannot legitimise sending data to a country outside of P8 protection.
I cannot recall ever seeing any other suggestion from ICO that subjects are required to consent to use of a processor although there is something (not had time to look it up but it may have been under cloud computing guidance) which suggests that in some cases they should be told as part of FPN if it is considered to be " further information which is necessary, having regard to the specific circumstances in which the data are or are to be processed, to enable processing in respect of the data subject to be fair." Sched 1 Part II Para 2(3)(d). i.e. part of principle 1 fairness requirement rather than condition requirement.
That might I suppose allow subject to withdraw consent if that is the condition being used.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|