Coroners and Justice Bill

Joel Harrison ukcrypto at chiark.greenend.org.uk
Mon, 2 Feb 2009 17:59:44 +0000


On Mon, Feb 2, 2009 at 5:27 PM, Caspar Bowden <casparb@microsoft.com> wrote:
>> admin@chiark.greenend.org.uk] On Behalf Of Joel Harrison
> ...
>> Actually, the Safe Harbor is often relied upon incorrectly in this
>> context.  The Safe Harbor applies only to transfers from a data
>> controller based in the EU to another data controller based in the US.
>
> This is true. There's another bit of Commission legalese for this case however, untouched since 2001
>
> http://ec.europa.eu/justice_home/fsj/privacy/modelcontracts/index_en.htm
> (Standard Contractual Clauses for Data Processors established in Third Countries)

Indeed.  Eight years later, this is still the most popular means of
exporting data to processors in non-adequate countries, and it will
remain so until binding corporate rules really take hold (and people
work out just how they are supposed to apply to processors).