Cable Forum - View Single Post - NTL Indian support centres

zaax · 08-10-2005, 13:19

Data Protection act says:
8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

Funnily enough, certainly until recently, the Indian sub-continent was said to NOT have such a level of protection. AIUI, only transfers to Switzerland, Hungary, Argentina, Canada, and the US (Safe harbor) are allowed under this principle. However, there are a bunch of exemptions...

Cases where the eighth principle does not apply
http://www.opsi.gov.uk/acts/acts1998/80029--p.htm

Probably the two relevant ones are..

8. The transfer is made on terms which are of a kind approved by the Commissioner as ensuring adequate safeguards for the rights and freedoms of data subjects.

9. The transfer has been authorised by the Commissioner as being made in such a manner as to ensure adequate safeguards for the rights and freedoms of data subjects.

The Information Commissioner has 'binding corporate rules' (BCR) and a 'model contract' for such occasions.

http://europa.eu.int/rapid/pressRele...ference=IP/05/
12
http://www.europa.eu.int/comm/justic...vacy/modelcont
racts/index_en.htm

08-10-2005, 13:19	#72
zaax Inactive Join Date: Jun 2003 Location: East Suffolk Services: Virginmedia Phone, 20M Cable modem, SKY+ digital Posts: 324	Re: NTL Indian support centres - a plea to NTL Data Protection act says: 8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. Funnily enough, certainly until recently, the Indian sub-continent was said to NOT have such a level of protection. AIUI, only transfers to Switzerland, Hungary, Argentina, Canada, and the US (Safe harbor) are allowed under this principle. However, there are a bunch of exemptions... Cases where the eighth principle does not apply http://www.opsi.gov.uk/acts/acts1998/80029--p.htm Probably the two relevant ones are.. 8. The transfer is made on terms which are of a kind approved by the Commissioner as ensuring adequate safeguards for the rights and freedoms of data subjects. 9. The transfer has been authorised by the Commissioner as being made in such a manner as to ensure adequate safeguards for the rights and freedoms of data subjects. The Information Commissioner has 'binding corporate rules' (BCR) and a 'model contract' for such occasions. http://europa.eu.int/rapid/pressRele...ference=IP/05/ 12 http://www.europa.eu.int/comm/justic...vacy/modelcont racts/index_en.htm