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.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user
commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
**********************************************************************
This email and any files transmitted with it are confidential and may be
subject to Copyright or Intellectual Property rights. It is intended
solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error please notify the
sender and delete the email from your inbox. Any disclosure,
reproduction, dissemination, modification and distribution of the
contents of the email is strictly prohibited. Email content may be
monitored by Wiltshire County Council to ensure compliance with its
policies and procedures. No contract is intended by this email, and any
personal opinions expressed in this message are those of the sender and
should not be taken as representing views of Wiltshire County Council.
This footnote confirms that this email message has been swept by
MIMEsweeper for the presence of computer viruses. However the sender
will not be liable for any alteration of the contents and any
attachments of this email as a result of a virus.
**********************************************************************
Please do not print out this e-mail unless absolutely necessary. Save
energy and paper!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
"EMF <dechert.com>" made the following annotations.
------------------------------------------------------------------------------
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.
==============================================================================
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
