In the definition of 'processing' in s.1 of the Act, there is a long list of
operations which count as processing, the only one of which would seem even
potentially to apply in this case is 'holding the information or data'. My
view is that carrying a sealed package does not amount to 'holding' the
data, because the implication of the rest of the definition is that you are
able to do something with it as data, not just as a package of paper, disks
or whatever.
In any case the courier company would not have to notify, unless they are
using the data for their own purposes.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Jon Dunster" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, April 01, 2008 5:30 PM
Subject: 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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