I tend to agree: the definition of "processing" in section 1 includes
"holding". The contract point is more interesting. There is no real
contract with Royal Mail for postage (they, as I understand it, at least
for ad hoc use rather than bulk mailing services, operate under
"schemes" which give rights to users (and compensation, etc) which
hardly seem to comply with the schedule 2 para 12 to have a contract in
writing). With couriers there will be contracts in place.
Processors do not however need to notify/register, only controllers do.
R
Renzo Marchini
Counsel
Dechert LLP
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lee Gardiner
Sent: 02 April 2008 11:05
To: [log in to unmask]
Subject: Re: [data-protection] Status of postal/parcel services in terms
of DPA
Processing is any activity relating to the data and as the courier is
handling/transferring the data from point A to point B I think you could
argue that they are processing the data, albeit it in a limited way.
Also as a data processor they, the courier, are processing the data in
the way that you, the data controller, want them to. They are
performing a specific task as per your wishes which is a key requirement
to establish the controller/processor relationship. That the parcels
are sealed is irrelevant for the relationship.
In terms of the Principle 7 the courier has a duty to try and maintain
the security of the parcel from collection to delivery. If they do this
they meet P7. That said I would also assume that this is covered in the
standard contract/agreement between the courier and the data controller.
Just my tuppence for consideration.
Lee
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Griffiths, Ian
Sent: Wed 02 April 2008 10:38
To: [log in to unmask]
Subject: Re: [data-protection] Status of postal/parcel services in terms
of DPA
My feeling is that they are not a processor of data in sealed parcels.
Ian
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jon Dunster
Sent: 01 April 2008 17:31
To: [log in to unmask]
Subject: [data-protection] Status of postal/parcel services in terms of
DPA
An 'out of curiosity' question ...
How would a parcel service (e.g. TNT) be represented in terms of the
DPA?
Talking to one practitioner there seems a suggestion that they would be
treated as a processor but I'm not at all convinced since they don't
know your tapes are in a particular parcel and they're not making any
accesses to the data. I also wonder how, if they were a processor, it
would be possible to comply with the contractual part of the 7th
principle.
Thanks,
Jon
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