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And.....I would imagine that should any breach occur then Lloyds would have an agreement with the data processor in India that should there be a breach of the agreement then the data processor would be liable.
Dor
Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516
Fax: 01835 825041
-----Original Message-----
From: DREW Nic [SMTP:[log in to unmask]]
Sent: 18 August 2004 14:15
To: [log in to unmask]
Subject: Re: Today's FT, Lloyds TSB and the Unions
***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****
The Telegraph has an article on this that includes:
'The Information Commissioner has not yet ruled on the case, but
yesterday appeared to side with the bank, saying: "There are various
bases in law which can be used to legitimise the transfer overseas of
personal data - consent from the individual is just one of them. As far
as we are concerned, the main issue is that the information that is
transferred overseas continues to enjoy an adequate level of protection
as if it stayed in the UK." '
Nic Drew
DPO
Cardiff and Vale NHS Trust
-----Original Message-----
From: Tim Trent [mailto:[log in to unmask]]
Sent: 18 August 2004 13:56
To: [log in to unmask]
Subject: Today's FT, Lloyds TSB and the Unions
No-one seems to have picked this article up yet. I just posted it in
the
RSS/XML feed on our site, so those of you who choose to take that
service
will see it when your reader refreshes. The web site caches the feed
for
about 60 minutes or so to avoid frequent refreshes. It will appear in
HotNews (and on the home page) in the next 30 minutes or so
Lloyds TSB are being challenged in the courts by the unions for data
exports
to India.
On the face of it this is a DPA challenge, but is it really? Surely
it's
about jobs?
No UKIC comment in the FT article, but I suppose that's understandable
in
case it gets to court.
I think the question is: "If a data processor is under a binding
contract to
the data controller to comply with UK DPA (or more stringent laws)
despite
their locality, is the export of data, even sensitive data, against the
letter and spirit of the relevant laws?". I present this uncommented
upon
for discussion here
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
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