I think you need to look in a different place.
You need to have a Data Processor Agreement in place with the processor and
also to notify your data subjects that data is held outside the EEA prior to
holding their details.
If you are transferring existing data to the new processor it seems to me
that the data subjects need to be notified and have the opportunity to opt
out of the transfer.
Safe harbor is not a concern here, nor, I think the Patriot act.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lucy Fincham
Sent: 12 June 2007 11:12
To: [log in to unmask]
Subject: [data-protection] US Patriot Act
We are considering buying some software from a company in the States which
would hold personal data for us.
The company doesn't seem to be registered with the Safe Harbor Arrangement,
and anyway, even if it was, would the US Patriot Act over-ride this?
If anyone has any knowledge of this Act, and a view on the matter, I would
be grateful.
Regards
Lucy
Lucy Fincham
Records Manager
Vice Chancellor's Office
University of Greenwich
University of Greenwich, a charity and company limited by guarantee,
registered in England (reg no. 986729). Registered Office: Old Royal Naval
College, Park Row, Greenwich SE10 9LS.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
