Would it not be up to the data controller to determine the contract
provisions and if the decommissioning company are acting as a processor on
their behalf. Either by choice of company with pre-determined contract or
contractual negotiation?
Processing contracts would seem the better way if that is the way an
organisation wishes to go. As long as checks on compliance are carried out.
Ian W.
----- Original Message -----
From: <[log in to unmask]>
To: <[log in to unmask]>
Sent: Sunday, February 11, 2001 9:23 AM
Subject: Re: Computer decommissioning
> In a message dated 10/02/2001 20:56:51 GMT Standard Time,
> [log in to unmask] writes:
>
> << Its feasible that they can be structured simply as a processor and not
need
> a registration? >>
> ---------------------
> Possible, but then their advert would say "we can meet any security
contract
> term" rather than "registered under data protection".
>
> If the machines are sold to the company, with them giving a guarantee that
> they will wipe them clean (of programs as well as data) then they are
> controllers and the seller's registration will include them as a
disclosure.
>
> If the possession does not pass to them until the contract to remove the
data
> has been completed they could, theoretically, just be data processors.
>
> Beware. Some program licences do not allow you to sell (or pass) on, so
you
> might have to remove those yourselves before letting them go.
>
> Ian B
> MD
> Keep IT Legal Ltd
>
> Please Note: The information contained in this document does not replace
or
> negate the need for proper legal advice and/or representation. It is
> essential that you do not rely upon any advice given without contacting
your
> solicitor. If you need further explanation of any points raised please
> contact Keep I.T. Legal Ltd at the address below:
>
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