Safe Harbour Not Valid

[CyberNerd]

If the choice of hitting the DEL key was mine I would probably hit it. Though I have this nagging feeling they might stop my pay if i do!

 

Go for the model contract clause then, it is a reasonable thing to do. To be honest the risk is entirely theoretical . I've come to the conclusion that US government already own my data, even if it was on a server I do control. It would be interesting to see ICO prosecute a school because of this!

[JATSO]

Thanks.

[PotNoodleTech]

What kind of data are you putting on google anyway? You shouldn't be putting extremely sensitive (ethnicity, SEN, FSM, etc) data on google as you don't usually need that kind of data stored in the cloud for teaching and learning uses?

[CyberNerd]

What kind of data are you putting on google anyway? You shouldn't be putting extremely sensitive (ethnicity, SEN, FSM, etc) data on google as you don't usually need that kind of data stored in the cloud for teaching and learning uses?

 

Google is used as an Office system and it's used for admin too. Even our admissions are processed through it.

[CAM]

Many MIS systems are also going cloud-based (Capita being one of the few providers who currently don't offer such a solution, notable as the largest MIS provider!). Handy for a MAT or other multi-site institution although I do wonder what benefit a cloud MIS will offer for single-site schools. And then there are VLEs, communications systems, etc where data is exported from the MIS to an external system. I guess each of these need to have their safe harbour status checked?

[pcstru]

What kind of data are you putting on google anyway? You shouldn't be putting extremely sensitive (ethnicity, SEN, FSM, etc) data on google as you don't usually need that kind of data stored in the cloud for teaching and learning uses?

 

The trouble is, once you deploy this stuff, how people actually use it tends to drift either from ignorance or because they know better (I've flagged DP issues with members of SLT, but I still find them using Google docs/drive for sometimes sensitive personal data).

[Marshall_IT]

Capita do offer a cloud hosted version of SIMS.net and SLG.

[CAM]

Capita Hosted? Is that cloud?

[CyberNerd]

Capita Hosted? Is that cloud?

 

I think we can safely say it would meet the definition!

[CAM]

Hmmm I thought they were moving into the cloud with SIMS 8, unless that's a dedicated cloud client coming later. My SIMS install is locally hosted.

[crispybits]

Can anyone advise if this ruling has any impact on the telemetry collection being ramped up with every new update in Windows?

 

Obviously scrapping Windows would be a massive step, but if they are keylogging in the wrong places and sending the wrong data back to Microsoft in the US doesn't this also make Windows 10 de facto illegal in the EU?

[Garacesh]

Irish court hears Facebook data privacy challenge - BBC News

 

The case that started it all is back in court.

[foofighterjim]

More news from the US:

 

Apple, Google and Twitter among 22 tech companies opposing Cisa bill | Technology | The Guardian

 

Looks like they are trying to go even further down the rabbit hole!

[Garacesh]

EU watchdogs demand revisions to Safe Harbour replacement - BBC News

 

Safe Harbour replacement 'Privacy Shield' has been rejected by EU watchdogs.

I have no idea if that's an official rejection on behalf of the EU or not, but at least the concerns are still being addressed.

[enjay]

So, it would appear I agreed to the Data Processing Amendment back in October but not the Model Contract Clauses. Deleting our GAFE account isn't an option and we do hold sensitive data in Drive - should I also accept the MCCs in that case?

[sparkeh]

So, Privacy Shield has been roundly critcised by the EDPS: Data watchdog rejects EU-US Privacy Shield pact - BBC News

 

Still not in a good position then.

[ZeroHour]

So, Privacy Shield has been roundly critcised by the EDPS: Data watchdog rejects EU-US Privacy Shield pact - BBC News

 

Still not in a good position then.

 

Yeah not sure what will happen next tbh. The protections fhey want the US wont want to give.

[Marshall_IT]

Just with the results of the referendum I was wondering what affect it is going to have with future discussions and rulings on this and plans that were in place!

 

Also what affect will us leaving the EU have on us storing information in Microsoft's and google's cloud services hosted in the EU which were previously safe!

[elsiegee40]

Just with the results of the referendum I was wondering what affect it is going to have with future discussions and rulings on this and plans that were in place!

 

Also what affect will us leaving the EU have on us storing information in Microsoft's and google's cloud services hosted in the EU which were previously safe!

 

We are in at the moment. Nobody will know what will be affected or how until we actually leave.

 

Decisions on this remain until an awful lot of legalities have been gone through

 

Speculation is futile

[enjay]

As @elsiegee40 says, speculation at this stage is pointless. It is certainly something which needs to be addressed by whoever has the job of negotiating us out the EU, but it is probably years away from hitting our desks. Also, until we actually leave the EU (rather than just have a referendum result)(which isn't constitutionally binding anyway) we are a member of the EU and therefore the model clauses remain valid.

[GrumbleDook]

There is no issue at this time.

 

The Law that applies here is the Data Protection Act, which lays down about moving data outside of the EEA. Unless that law changes then there are no stipulations about having to have data within the UK.

 

The ICO has issued a general response about the referendum result which is available here:

https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2016/06/referendum-result-response/

 

Mark it as a risk, perhaps ... but not a big one

[Ephelyon]

Speculation is futile