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Unread 01-15-2018, 08:03 PM
jersey-cow jersey-cow is offline
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Default Data Protection Act 1998

Hi,

Please could anyone advise me how pre schools adhere to the following section of the data protection act.

Data must not be transferred outside of the European Economic Area (EEA) unless the country that the data is being sent to has a suitable data protection law.

Thanks.
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Unread 01-16-2018, 01:43 PM
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Ruthierhyme Ruthierhyme is offline
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Hi, it would be good to ask your tutor and setting about this. Settings would adhere to principle 8 by having a policy and procedure to follow xx

There is a list of 'safe' countries othat data can be transfered to on this page of the gov website https://www.gov.uk/eu-eea they are:

Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, UK

Iceland, Liechtenstein and Norway

Switzerland


In addition to these the European Commission has decided these countries also have adequate level of protection: Andorra, Argentina, Faroe Islands, Guernsey, Isle of Man, Israel, Jersey, New Zealand, Uruguay

For the USA, companies that have signed up to the Safe Harbor Agreement (and the EU-US Privacy Shield) would be expected to comply with the EU data protection law but this is something a legal team would check.

There are also agreements for Passenger Name Records between the EU and Canada and Australian airlines.

https://ico.org.uk/for-organisations...international/

So any country outside of these would require an assessment. Which could be done by the organisation using the ICO.org's Assessing adequacy for international data transfers, by the setting taking legal advice or contacting their Local Authority for guidance.

Situations where personal information may be transferred: purchasing flight tickets, hotel bookings, storing personal details on a website's servers/hosting/cloud outside of the listed countries, entering personal information when using social media https://ico.org.uk/for-the-public/on...al-networking/

It can be easy to see how data is used in your setting when you examine how it's used & stored - registration files that contain medical information, contact details, children's development record.

Hope this helps xx
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