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Who’s in?
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Who’s in?

 

We have talked about transferring information about people outside the UK.  The actual Act refers to “outside the EAA” – so why do I talk about outside the UK?  It is best practice to make a check if you are considering transferring information about people anywhere outside the UK.  You will need to consider whether the destination is within the EEA, has a ‘finding of adequacy’  or has signed up to Safe Harbor – dependant on whic it falls under will depend on what action you need to take.

EEA

There are no restrictions on information about people being transferred within the EEA. So what countries are in the EEA? These are currently:

Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Netherlands
Norway
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden

Finding of Adequacy

The European Commission has decided that certain countries have an adequate level of protection for personal data. Currently, the following countries are considered as having adequate protection.

Andorra
Argentina
Canada
Faroe Islands
Guernsey
Isle of Man
Israel
Jersey
New Zealand
Switzerland
Uruguay

View an up to date list of such countries, at the European Commission’s data protection website.

Safe Harbor

The Information Commissioners guidance also states “Although the United States of America (US) is not included in the European Commission list, the Commission considers that personal data sent to the US under the voluntary “Safe Harbor” scheme is adequately protected. When a US company signs up to the Safe Harbor arrangement, they agree to:

  • follow seven principles of information handling; and
  • be held responsible for keeping to those principles by the Federal Trade Commission or other oversight schemes.

Certain types of companies cannot sign up to Safe Harbor. View a list of the companies signed up to the Safe Harbor arrangement on the US Department of Commerce website.

In July 2007, the EU and the US signed an agreement to legitimise and regulate the transfer of passenger name record information (PNR) from EU airlines to the US Department of Homeland Security (DHS). This agreement is regarded as providing adequate protection for the personal data in question.” Source Information Comissioner’s website.

Don’t delay in getting your processes in place NOW!

Yours in best practice!

SarahSigNoKisses-sm

 

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