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In what way precisely?  You have also assumed that personal data must
have been transferred outside of the UK - which was not the case with
our Ethiopian student.  The data was here, the DPA applies, which
includes the subject access provisions.  Explain why you think
otherwise.....

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jo Archer
Sent: 29 November 2004 16:07
To: [log in to unmask]
Subject: Re: [data-protection] Non Uk Citizens acces s rights

John,

It's not that you and I should distinguish between them but that the law
does.

Jo
----- Original Message -----
From: Hitches, John F <[log in to unmask]>
To: Jo Archer <[log in to unmask]>;
<[log in to unmask]>
Sent: Monday, November 29, 2004 4:40 PM
Subject: FW: [data-protection] Non Uk Citizens acces s rights


Jo Archer wrote

>Ahhh, but we need to distinguish between data subjects who are outside
the
>jurisdiction and have not lived, worked or studied (etc,.) within the
>jurisdiction and those who have....or are married to an EU citizen or
have
>property, a business here....

>I read the original email to mean that the data subject has no
significant
>connection with the UK.

Why distinguish?  If someone thinks a UK data controller may hold
personal data about them why should they not put in an SAR? Since the
purpose of data protection is to protect data, and to try and encourage
such protection elsewhere, why should we discriminate on rights of
access to people outside the EU if we hold their data? Data protection
came from human rights legislation in the first place - do we want the
human rights we give to EU citizens to stop at the EU boundary?

John Hitches
Kingston University


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