DPA and offsite data backups

DPA and offsite data backups

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It seems that everyone and his dog who has any kind of presence on the Internet is now offering oodlebytes of "free" (or at least very cheap) memory space on their remote servers on which their customers are invited to store all their sensitive data to guard against system crashes etc. Virginmedia offer it as part of their ISP package. Microsoft Office Live offer it. Hell, if ever you buy an external harddrive just for that purpose the odds are that comes with pre-installed software insinuating that you would really be better off letting them strip your data from your drive seemlessly (OK it may be encrypted).

This is all well and good if you are a private citizen and all that you are backing up is your holiday snaps, a couple of mp3 illicit downloads (ahem!) and your gas bills. Maybe even your own self-employment accounts.

But what if you are registered under the DPA as a data processor? Is it a breach to relinquish so much control into the hands of others? If so, is it not a breach if you encrypt the data?

I have similar concerns about sending our tax data off to the software supplier when there are bugs to be ironed out, only to be told by them that they in turn have had to forward it on to THEIR developers (who happen to be a big-4 accountancy practice).

Clint Westwood

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By David160
16th Jun 2009 17:52

Does the DPA allow you to store data overseas?
The computer holding your data may be located overseas. Does the DPA allow you to store data overseas? What about in the EU and outside the EU? I think that you may have to change your DPA licence to do this, or may be it is not allowed.

Do you know the answer to this?

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