Jon
An interesting one! I have recently been looking at the issue of
transfers of data under the 8th principle, which I know is not the
question here, but the ICO guidance on the subject draws a distinction
between transits and transfers. A transit occurs where there is no
processing of the data so, for example, if information is routed via one
country on the way to another purely through logistics of physical
movement, then this is a transit, no processing occurs and there are no
DPA implications. However, where the data is processed when it gets to
its destination, then a transfer occurs.
I would imagine the same thing holds for TNT et al. If they are purely
helping the transit of the personal data from one entity to another but
have no knowledge of what is in that envelope then I cannot see that
there are any DP implications. What about Royal Mail? I can't see that
they can be data processors of the data in the many envelopes that pass
through their hands.
Samantha
>>> Jon Dunster <[log in to unmask]> 01/04/08 17:30 >>>
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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