Coroners and Justice Bill

[Richard Clayton]

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In article <egTFOME4KqhJFAHL@perry.co.uk>, Roland Perry <lists@internetpol
icyagency.com> writes

>In article <8nyFglNs7fhJFwCs@tigers.demon.co.uk>, Mary Hawking 
><maryhawking@tigers.demon.co.uk> writes
>>Interesting that there are no safeguards in the Bill for onward sharing 
>>of database information: how *did* the details of learner drivers end 
>>up in Omaha - which would seem to contravene the DPA's ruling that 
>>personal information may not be transferred to countries with 
>>inadequate protection - such as USA?
>
>Transfers are OK as long as there are contracts in place which protect 
>the data. 

It's a little more complicated than that ...

transfers to other countries are OK if

a) the EU accepts that the other country has an equivalent statutory
framework, for example Jersey does:

  http://ec.europa.eu/justice_home/fsj/privacy/thridcountries/index_en.htm

Although US law does _not_ provide sufficient protection, the US "safe
harbour" arrangements are acceptable (this is almost certainly the basis
on which the data was transferred to Omaha)

  http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list

b) a specific contract is in place, that has equivalently effective
clauses to those in the model contracts that the EU provides

  http://ec.europa.eu/justice_home/fsj/privacy/modelcontracts/index_en.htm

>Banning all transfers would cause international commerce to 
>grind to a halt. 

I think that's overstating it, you can still move iron ore, gas and kiwi
fruit around the world without transferring personal data across borders

>But those contracts need to be implemented thoroughly, 

yes indeed

>and even then errors can occur.

the model contracts contain penalty clauses so that damages can be
claimed. Naturally, money doesn't always make things right, but it does
concentrate the mind :)

- -- 
richard                                              Richard Clayton

They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety.         Benjamin Franklin

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