Some of you will have seen my exchange with @ICONews on Twitter. For those who have not:
I asked ICO: Can you confirm Commissioner still approves EC Model Clauses for use under DPA 1998 Sched 4 Para 8?
ICO answered : There's no reason for businesses using model clauses to stop. Businesses using Safe Harbor are advised to wait for ICO guidance.
I take that as confirmation, for now, that where we have used EU Clauses we still have exemption from P8 as they are "made on terms which are of a kind approved by the Commissioner as ensuring adequate safeguards for the rights and freedoms of data subjects."
Logically although not really relevant to public sector BCR still protect unless and until ICO withdraws his approval.
And as I pointed out before although P8 exemption applies to protect the DC from certain potential adverse consequences flowing from an alleged breach of P8 neither in fact protect the data from the same mischief as afflicted Safe Harbor. Approval by the commissioner that they provide adequate safeguards does not mean they do in fact.
P7 may be a different issue!
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