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Posted

Hi All,

This is going to be a quick question for someone out there that know alot about this. I can't find an straight forward answer to the question. Are we as Schools / Acdemies in the UK allowed to store Student / Parent Personal data outside of the EU? I'm going with No as the answer but I have been asked to try and find out the answer to the question. Is there a document that gives details of this?

 

Kind Regards,

Posted
Hi All,

This is going to be a quick question for someone out there that know alot about this. I can't find an straight forward answer to the question. Are we as Schools / Acdemies in the UK allowed to store Student / Parent Personal data outside of the EU? I'm going with No as the answer but I have been asked to try and find out the answer to the question. Is there a document that gives details of this?

 

Kind Regards,

Short answer, no.

 

I am sure someone can give you full chapter and verse shortly.

@GrumbleDook are you about?

Posted (edited)

Excerpt from the ICO website guidance

The DPA requires that personal data “shall not be transferred

to any country or territory outside the European Economic Area

(EEA) unless that country or territory ensures an adequate level

of protection for the rights and freedoms of data subjects in

relation to the processing of personal data.”

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

 

What you need is toward the bottom of that website page.

Edited by fiza
Posted
Hi All,

This is going to be a quick question for someone out there that know alot about this. I can't find an straight forward answer to the question. Are we as Schools / Acdemies in the UK allowed to store Student / Parent Personal data outside of the EU? I'm going with No as the answer but I have been asked to try and find out the answer to the question. Is there a document that gives details of this?

 

Kind Regards,

 

Firstly, Principle 8 states

Personal data shall not be transferred to a country or territory outside the EEA unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

 

Secondly, there are other countries outside of the EEA where it can be transferred. https://ico.org.uk/for-organisations/guide-to-data-protection/principle-8-international/ gives more details about it.

 

Thirdly, there are several countries that data can be transferred to and https://ico.org.uk/for-organisations/guide-to-data-protection/principle-8-international/#adequate gives more details

 

And finally ... even then, you can also use other countries if the following hoops can be jumped https://ico.org.uk/for-organisations/guide-to-data-protection/principle-8-international/#not-approved

 

So it all boils down to risk assessment.

 

In short, for a lot of schools ... it is a no, because they haven't done the risk assessment. It is possible to do it, and it does need consideration.

 

The paper on cloud services from HM Gov't goes some way to doing the risk assessment for you ... but it is a self-certification for those companies on there.

  • Thanks 1
Posted

Hi Guys,

 

Thank you very much for your answers. Would the same apply for email system generated passwords and documents home to parents that contain student data. So for example we could use a US email server to send the information out?

 

I will be reading all of the attachments that you all have provided.

 

Kind Regards,

Posted
Hi Guys,

 

Thank you very much for your answers. Would the same apply for email system generated passwords and documents home to parents that contain student data. So for example we could use a US email server to send the information out?

 

I will be reading all of the attachments that you all have provided.

 

Kind Regards,

 

The US is an interesting one at the moment as Privacy Shield has had a roasting.

 

However, if the company involved delivers the services as per the EU's Model Clauses then that is fine.

 

If it is $random_web_host, then probably not.

Posted
Hi Guys,

 

Thank you very much for your answers. Would the same apply for email system generated passwords and documents home to parents that contain student data. So for example we could use a US email server to send the information out?

 

I will be reading all of the attachments that you all have provided.

 

Kind Regards,

Yes. This affects all data including email

Posted
Whats going to happen when we leave the EU? Will we only be able to store data in the UK?

 

The ICO is reviewing this at the moment. The probability is that Model Clauses will win out until new legislation is in place.

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