[log in to unmask] wrote:
>
> ** Reply to note from "David Minto" <[log in to unmask]> Tue, 20 Apr 1999 11:26:28 +0100
>
> > 3. What exactly constitutes a "data transfer" to countries outwith the EEA
>
> Putting material on the WWW constitutes passing it to countries outside
> the EEA ... So if you put personal details you need explicit consent.
>
> That is the one answer I know!
>
> What is worrying is your Q about seeking consent from potential employees
> and students. Thus, in my naive mind, if they do not consent what do we
> do (not employ them or not enroll them) ?
>
> > 2. Confidential references - it is clear that under the new act those
> Those we receive we may have to disclose but ... we may not have to
> disclose because we have to retain the confidentiality of the referee.
> How long before we have to disclose the references we would give?
>
> Completely confused myself.
> Charles
>
> ==============================================
> Charles Christacopoulos, Secretary's Office, University of Dundee,
> Dundee DD1 4HN, (Scotland) United Kingdom.
> Tel: +44+(0)1382-344891. Fax: +44+(0)1382-201604.
> WebDad of http://somis.ais.dundee.ac.uk/
> Home of the Scottish Search Maestro http://somis2.ais.dundee.ac.uk/
> Happily using OS2 Warp.
> ==============================================
This response appears to this un-British lawyer's mind to be absolutely
correct as a matter of statutory interpretation. While probably correct,
it raises the troubling additional question of whether one also needs
the prior permission of the DPA to put the information on the website in
those countries requiring prior permission, e.g.Spain, France, Germany,
and UK, I believe, under the 1998 Act. Names of professors, doctoral
candidates, university officials, etc. Affirmative consent and prior
permission. And what about your admissions department sending similar
information overseas to potential applicants, or to the British Trade
Offices around the world who are encouraging foreign students to come
and study at your fine universities? Should University staff be warned
not to send abroad "personal information" about colleagues who are doing
important research or other scholarly work to other scholars around the
world who pose queries? Seems a lot of fuss for little gain in privacy.
Could have a dire impact on international scholarly co-operation.
--
Charles A. Prescott
Vice President, International Business Development
and Government Affairs
Direct Marketing Association
1120 Avenue of the Americas
New York, NY 10036
U.S.A.
Tel. (1) 212-790-1552
Fax. (1) 212-790-1499
e-mail: [log in to unmask]
website: www.the-dma.org
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