Who deals with whom? directory of banks/Dca/solicitors

[andrew1]

So is that a 'yes they can have our data in India' or 'No they can't'?

[patrickq1]

here is a draft of what is being discussed but not yet passed in law so in other words it is debateable wether it is legal to pass personal data to india and the likes without special provisions and gaurentees

patrickq1

DRAFT FOR DISCUSSION – PLEASE COMMENT

WG670/mg-24-08-01 1

EURIM Privacy & Surveillance Working Group

Response to European Commission Consultation

Commission Decision on Draft Standard Contractual Clauses for the transfer of

personal data to processors established in third countries.

Background

EURIM is the Parliamentary/Industry group concerned with Information Society issues

both in the UK and across the European Union. In addition to its membership of MPs,

Peers and MEPs, we have about 100 corporate and associate members including both

suppliers and users of IT, as well as representative organisations (eg IEE, BCS).

It must be stressed that this response is a draft prepared by the working group concerned

with privacy and data protection issues and does not carry the status of being an agreed

EURIM position as it has not yet been circulated for political approval.

Nothing in this response is confidential.

General Comments

In general the clauses are considered to be too long and when added to a commercial

contract will not be in the best interests of any organisation.

It should also be taken into account that Article 17 of the Data Protection Directive (and,

for the UK, the 7th Principle of the 1998 Data Protection Act) make provision for security

and confidentiality. We, therefore, question the need to impose additional requirements for

transfers outside the EEA. Is there a real business requirement for a contract of this type?

The duplication of contractual clauses over and above the original contract between the

trading partners is too much for e-business. Legal clarity and simplicity are important, but

on a practical level the flexibility of the data protection regime is perhaps more realistic.

Whilst current definitions should be used evenly throughout the standard contract, too

many definitions of terms might make the standard contract over restrictive.

If the Commission is intending that Third Country Data Processors must carry some level

of liability, then it must be made absolutely clear about the circumstances in which this is

likely to happen. Our understanding is that the main reason is if the Data Controller cannot

be sued and this is most likely to arise out of circumstances when he is no longer trading. If

this is the intention of this provision, it needs to be spelt out in black and white. If a more

onerous burden of liability is placed upon the Data Processor it is likely to reduce the

impact of use of this standard contract.

There is a requirement for clarification in relation to the liability of the Data Processor in

circumstances when a third party becomes involved in handling the data. Does this mean

that any liability possessed by the Data Processor is then passed on to the third party, or

does the liability remain with the Data Processor?

DRAFT FOR DISCUSSION – PLEASE COMMENT

WG670/mg-24-08-01 2

Specific Points

Clause 1: Definitions

1(a) Although to do so would increase the length of the document, references to the EU

Directive should be replaced with the appropriate text. It is unrealistic to expect

organisations worldwide to tackle EU data protection legislation.

Clause 3: Third Party Beneficiary Clause

The effect of this clause as drafted is to give individuals a degree of protection over and

above that which they have in the Directive. It is assuming acceptance of a whole raft of

obligations which there is no other obligation to provide and effectively creates more

protection for processing carried out overseas than in a Member State.

Under the UK Third Party Rights Act, unless specifically stated otherwise, the parties to

the contract will not be able to amend or terminate it without the consent of any of the third

parties involved. There should be a provision to allow for revision or amendment without

reference to the third party data subjects so long as this does not damage their fundamental

rights and freedoms.

The right to take action against both Importer and Exporter should be qualified and the

Data Subject should only have the right to act against the Data Processor if it is not

possible to take such action against the Data Controller.

Clause 4: Obligations of the Data Exporter

4(a) Do we not need a definition of Authorities?

4 © places an obligation on the Data Importer to provide ‘sufficient guarantees’ regarding

security. Why in addition does the Data Exporter need to ensure compliance?

4(e) What is the definition of ‘at a reasonable time’?

4(g) Exactly what clauses are to be made available to the Data Subject – it is unlikely that

organisations would be willing to hand over a copy of the entire contract. This should be

amended along the lines of “only those parts of the contract dealing with the processing of

personal data”.

Clause 5: Obligations of the Data Importer

5(a) The Exporter should be able to terminate the agreement or suspend for breach of any

of the warranties/breach of the agreement. Standard termination clauses must be included.

There is also a need to clarify if notice of termination is required in all cases and for how

long.

5(b) The question should be asked whether Exporters would want Importers notifying their

Supervisory Authority directly, or would they want to notify themselves as they have the

relationship.

DRAFT FOR DISCUSSION – PLEASE COMMENT

WG670/mg-24-08-01 3

5(f) Is there a need for this to be in such detail?

Clause 6: Liability

If the Data Exporter has to pay damages due to some fault of the Data Importer as cited in

6.1, the Exporter should be able to reclaim such damages from the Importer. As it stands,

this is a one sided contract with the Exporter facing all the penalties.

Clause 7: Mediation and Jurisdiction

In this clause it should be made clear that if there are other disputes not involving the Data

Subject then the parties must be free to settle those disputes as they wish.

Clause 8: Co-operation with Supervisory Authorities

8.2 This is very wide and should restrict the right of audit to cases where there is cause for

concern.

8.3. Surely the main interface with the Supervisory Authority should be by the Exporter

rather than the Importer.

Clause 10: Variation of the Contract

A need to vary or modify could arise from changes in the law or changes in circumstances

e.g. scope of the purpose. It would be more appropriate to say: “will not modify these

clauses in a way which adversely affects their data protection obligations towards the Data

Subjects as described above”. (Note that under the UK Third Party Rights Act, it will be

necessary to state that the consent of Data Subject is not needed to make such

modifications.)

[patrickq1]

hope i am not hi jackin this thread sorry all

patrickq1

[patrickq1]

also awaiting the eu decision maker to get back to me on the specifics of the question you asked andrew

patrickq1

[patrickq1]

look at this andrew this is the guide of Q AND ANSERS FROM THE EU OFFICE

Justice and Home Affairs - Data Protection - Adequacy of the protection of personal data in third countries

[andrew1]

The trouble is Bouncer, to get this information your 'club' asks for £600 + we all give advice free on here and our time, we don't have to advertise. I think if you want to frequent forums like this then might I suggest, in the spirit of it's very existence (and without which you wouldn't have a vehicle in which you might tout for members), you impart that knowledge you have like thousands of others without reward other than knowing you are helping someone less fortunate than yourself. Sorry if that sounds harsh, but come on share what you have or .......!

 

 

Sarah

[patrickq1]

greater satisfaction comes from helping those who need it ,as you said bouncer the b******s are the legalised crooks,but just to help someone desperate enough and to save someone from being put out in the street as the b******s would do you seem to be almost akin to their methods and some of it has rubbed of on you if you cannot be of assistance with a simple truth to help someone who trully needs help and most cannot afford fees hence the reason being on here ,i am fortunite i have only two problems that 99.99 percent of the caggers cannot help me with as i am helping myself and passing on help were i can not for financial reward but for the simple fact that knowing someone can at last have a good nights rest and be free from some terror that has beset them

patrickq1

[FANTASY CHARGES]

Ah, should have looked closer at the CH website! Apex Credit Management became BCW Group Limited on 4 July 2006. BCW Group Limited then became BCW Group plc on 20 July 2006.

 

Stivis will email those accounts tonight.

 

Spot

 

SPOTNOT BETTER LATE THAN NEVER !!!!

 

 

BACKGROUND TO APEX CREDIT MANAGEMENT LTD FORMERLY BUCHANAN CLARK WELLS

Apex (perviously BCW)

[smile953]

Hi

 

I have just found this site and wish I had before!

 

I have just been reading about Ms Green and this rang bells for me because in 2005 I had a letter from Peter Green & Co Solicitors, same address as M&S in Chester, representing M&S. I have the letter in front of me now as I read at the bottom, "Regulated by The Law Society". Turned out that Peter Green & Co was not even registered with the Law Society and unfortunately I was not well enough to continue to take it further as the Law Society was very interested and am not sure whether it is too late to report it. Peter Green was an individual solicitor who was employed only by M&S and was not a registered company. (M&S now use DG Solicitors)

 

I see that J.A.M Green L.L.B(Hons) is "Principal:J.A.M Green L.L.B(Hons) This Firm is the practising name of solicitors employed by The Royal Bank of Scotland Group". Do you think Peter Green and Ms J.A.M Green are related?

 

Is it illegal to say '& Co' if you are not a company?

[mistycat]

Hi all.

 

Lloyds TSB dont answer any written communication with Credit cards they just pass the account to Fredrickson Internation Ltd who cannot provide a CCA upon request, Fredrickson then use Bryan Carter Solicitors to enforce a disputed debt, then ask you to contack Fredrickson to make payments or provide a writen defence to Bryan Carter.

Strange, I thought i didnt have to prepare any defence until court action was taken against me.

Poor Fredrickson cant provide CCA so get their Solicitors involved.

How illegal is all this?

Debt collectors using Solicitors and neather of them have the right to collect on alleged debt.

[1littleduck]

I have a letter from Restons solicitors who are acting for HFC Bank received yesterday.

[Big TJ]

Good Afternoon,

I would be grateful if anyone can give me details of Pennine Debt Recovery, especially their e-mail address or web site. They have started chasing me and threatened to send someone round to my home. They are "collecting" for northern rock.

Thanks, in advance

[MARTIN3030]

Here you go this is their Consumer Credit Licence details;

 

Licence Number:0378656

Licence Status:Current

 

Current Applicant / Licensee:

 

Business NameCompany Registration Number PDRS Limited866802

 

Categories:

 

Debt collecting

 

Right To Canvass Off Trade Premises:No

 

 

Trading Name(s) (Current):

 

Brecon Debt Recovery Brookdale & Walker Associates Pennine Debt Recovery

 

Issued Date: 15-Jun-1994

Date Maintenance Payment Due: 11-Aug-2014

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NamePosition Andrew John Robert McKinlay Gavin Edward Howie Joseph Alexander Fricker

 

Historic Individuals that run the organisation:

 

NamePosition Andrew John Robert McKinlayOFFICER Graham ProsserOFFICER Karen Amanda HallOFFICER Mr Peter BaileyOFFICER Ms Elizabeth DaykinOFFICER Paul CassidyOFFICER Peter WebberOFFICER Philip David SmithOFFICER

 

Nature of Business:

 

Debt Collection Other

 

Current Address(es):

 

Address TypeAddress CorrespondenceHepworth House, Claypit Lane, Leeds, West Yorkshire, LS2 8AE Principal Place Of BusinessHepworth House, Claypit Lane, Leeds, West Yorkshire, LS2 8AE Registered OfficeGlen House, 200-208, Tottenham Court Road, LONDON, W1T 7PL, United Kingdom

 

Historic Address(es):

 

Address TypeAddress Principal Place Of BusinessHepworth House, Claypit Lane, Leeds, West Yorkshire, LS2 8DE Registered OfficeCloth Hall Court, Infirmary Street, Leeds, West Yorkshire, LS1 2HT Registered OfficeDesford Road, Enderby, Leicester, LE19 4AT, United Kingdom

[Big TJ]

Thank you Martin 3030,

The info you have sent is most helpful. The one thing that confuses me, is why northern rock has bothered to get Pennine to start collecting when I have been happily paying them It's all beyond me.

 

Regards,