The act places a high duty of care on data controllers when the processing
of personal data is carried out on their behalf by 'data processors'
(Contractors etc.).
The Act introduces express obligations, for example; you are obliged to
chose a data processor who can provide sufficient guarantees in respect of
security measures they will take. You must also take reasonable steps to
ensure compliance with those measures and, most importantly, ensure that the
processing is carried out under a contract which is made or evidenced in
writing, under which the data processor is to act only on instructions from
the data controller. The contract must require the data processor to comply
with the obligations equivalent to those imposed on the data controller
especially by the seventh principle.
Remember the definition of processing is wider than the 1984 act it covers
almost everything you can do with data even viewing or displaying it on
screen.
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 30 August 2000 12:08
To: [log in to unmask]
Subject: Disclosure to Third Parties
Hi Everyone
I am at present trying to draw up a statement for IT Suppliers/Contractors
to ensure that they treat my Council's personal information in complete
confidence when they are working for the Council either on site or in their
own offices testing data/data conversion or are acting as temporary support
officers for the Council. Do you think it would be suffice to get the
Company/sole Contractor to sign a Confidentiality Agreement or would you
draft a Third Party Contract to this effect? Anyone any ideas/examples?
I have already drawn a statement up to this effect for our own IT Staff
where they are able to take over employees' pcs and have access to their
personal directories etc.
Any replies would be welcomed.
Many thanks,
Doreen Broom
Data Administrator
Scottish Borders Council
Council HQ
Newtown St.Boswells
Melrose
Borders TD6 0PX
Tel: 01835 824000 (Ext.5444)
Fax: 01835-825041
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