> ----------
> From: cpresco
> Reply To: [log in to unmask]
> Sent: Tuesday, April 20, 1999 2:22 pm
> To: [log in to unmask]
> Cc: [log in to unmask]
> Subject: Re: New Data Protection Act -queries....
>
> [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
> >
>
> >
> > 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) ?
> >
> ,
> > 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.
>
My interpretation of this part of the new Act is that we would be
better served to use our contracts either of employment or in enrolling
students. The use of contracts legitimises both the First Principle and
negates the application of the Eighth Principle.
But then I'm not a lawyer.... such is life!
> Mike Lloyd
> Assistant Head (Academic Support )
> Information Systems and Campus Services
> University of Glamorgan
> Llantwit Road
> Treforest CF37 1DL
>
> Tel: 01443 482417 Fax: 01443 482426
> email: [log in to unmask]
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