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I find it disappointing that it has been totally left to institutions to determine adequacy, which I would have thought most of us are ill-equipped to do, apart from being too busy with other things. It is hinted in the DPA that the European Commission might make findings of adequacy or indeed of inadequacy, and it's a pity that, having imposed this principle in the first place through the Directive, more hasn't been done to make it easier for data controllers to comply with it. I know we all talk a lot these days about the contractual nature of the student-institution relationship, but I am a bit uneasy about using this to justify processing in general and transborder dataflows in particular. My line manager attended an AHUA meeting recently where heads were advised against relying on the existence of a contract, as this had yet to be tested in the courts. My advice to colleagues has been to seek informed consent from the data subject, making it clear that consent means that their personal data will be accessible in countries where their rights are not protected by law. Jane Howard Coventry University On Mon, 12 Jun 2000 17:08:30 +0100 Andrew Charlesworth wrote: > From: Andrew Charlesworth <[log in to unmask]> > Date: Mon, 12 Jun 2000 17:08:30 +0100 > Subject: RE: CoP - Transfers of personal data to non-EEA countries > To: "Healy, Susan" <[log in to unmask]> > Cc: [log in to unmask] > > Thanks for the pointer. > > I didn't include a model contract, or a reference to such, because > the OPDC guidance suggests that the Commissioner is not > massively in favour of their use - see para. 20 of the guidance note - > "The Commissioner expects other derogations to be relied upon > before the approval of the Commissioner to model contractual > terms is sought" > > >A model contract is available at > > > > http://www.iccwbo.org/home/statements_rules/rules/1998/model_clauses.asp > > > > Susan Healy > > PRO > > > Andrew Charlesworth > Senior Lecturer in IT law > Director, Information Law and Technology Unit > University of Hull Law School > Hull, UK, HU6 7RX > Voice: 01482 466387 Fax: 01482 466388 > E-mail: [log in to unmask] %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%