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DATA-PROTECTION  April 2008

DATA-PROTECTION April 2008

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Subject:

Re: Status of postal/parcel services in terms of DPA

From:

"Marchini, Renzo" <[log in to unmask]>

Reply-To:

Marchini, Renzo

Date:

Wed, 2 Apr 2008 09:25:33 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (153 lines)

You need to comply with seventh principle in any case. 

Two Options

They are data processor.  Consequence: as they are a data processor, you
then also need to put a written contract in place, undertake due
diligence, monitor as per paras 11 and 12 of part II of Schedule 1.

They are not data processor.  Consequence:  Then you are not (at least
expressly) required to put a contract in place, undertake due diligence,
etc.... 

So you could argue, less care is needed if they are not a processor than
if they are . :-) 

I think it is academic in the end.  


Renzo Marchini 
Counsel
Dechert LLP 
+44 (0) 20 7184 7563 direct 
+44 (0) 20 7184 7001 fax 
[log in to unmask]
www.dechert.com

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tinsley, Chris
Sent: 02 April 2008 14:18
To: [log in to unmask]
Subject: Re: [data-protection] Status of postal/parcel services in terms
of DPA

I  have a contract with a company, Iron Mountain, Pickfords etc. who
hold boxes of information for me.  They have no idea what is in the box,
whether the data is personal, sensitive or neither. They just know
enough to know that I think the data is important enough to store. They
will at least be responsible for the Security of the boxes. This will I
think definitely make them data processors.  Move this forward to TNT,
the Post office etc. Simply by putting something in an envelop I am
attaching a level of importance to it and a proportion of what I send
will be personal data.  This might make the courier a data processor. By
taking responsibility for my letter in transit they may set themselves
up.


Chris Tinsley MSc
Wiltshire County Council
 
Information is the key

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of simon howarth
Sent: 02 April 2008 13:10
To: [log in to unmask]
Subject: Re: [data-protection] Status of postal/parcel services in terms
of DPA

I'm with paul on this one. I do not believe they are processing data
under the conditions listedin the DPA. 

Even if they were, they would only be a processor.

Also, processing implies actually "doing" something with the data in
such a way that the data can be or is being accessed. If they don't open
and use the contents how can they be processing the data? Not only that
but could it even be deemed part of a relevant filing system?

I think the point is interesting to discuss, but ultimately an exercise
in philosophy.

Simon Howarth.

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"EMF <dechert.com>" made the following annotations.
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 This e-mail is from Dechert LLP, a law firm, and may contain information that is confidential or privileged. If you are not the intended recipient, please delete the e-mail and any attachments, and notify the sender. Dechert LLP is a limited liability partnership registered in England & Wales (Registered No. OC306029) and is regulated by the Solicitors Regulation Authority. A list of names of the members of Dechert LLP (who are solicitors or registered foreign lawyers) is available for inspection at its registered office, 160 Queen Victoria Street, London EC4V 4QQ.

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