[WG-InfoSharing] WG-InfoSharing Digest, Vol 115, Issue 35

Tom Jones thomasclinganjones at gmail.com
Sun Jun 23 19:08:59 UTC 2019


This whole process in the eu and ca seems a bit weird. It bears essentially
very limited relationship to reality.

Under PIPEDA, any collection, use or disclosure of personal information
requires consent, unless an exception to the consent requirement applies.
In the absence of an applicable exception, the OPC’s view is that transfers
for processing, including cross border transfers, require consent as they
involve the disclosure of personal information from one organization to
another. Naturally, other disclosures between organizations that are not in
a controller/processor relationship, including cross border disclosures,
also require consent.

The consent notices that i receive  are related to sharing user information
deal with:
1. for the business at hand.
2. for other purposes within the same business unit, typically for
marketing notifications.
3. sharing with different business units within the same corporation, like
a bank giving information to a brokerage subsidiary.
4. with other organizations that are participating in the business purpose
- like a bank transfer to a business.
5. with other organizations in the same business relationship, again
typically for marking purposes.
6. with other organizations where the businesses purposes are not related.
7. with governmental entities for regulatory reasons, only some of which
are permitted to even permit notification to the user.

The ideas of cross border exchanges for business or storage seems to be
anachronistic and not especially helpful. The controller-processing concept
seems to be very nearly impossible to comprehend as it relates to
real-world entities. Imagine the chaos that would ensue if airlines were
trying to follow these regulations.
Peace ..tom


On Sun, Jun 23, 2019 at 5:00 AM <
wg-infosharing-request at kantarainitiative.org> wrote:

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>    1. Consultation on transborder dataflows (Mark @ OC)
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> ----------------------------------------------------------------------
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> Message: 1
> Date: Sat, 22 Jun 2019 14:16:47 +0100
> From: "Mark @ OC" <mark at openconsent.com>
> To: "wg-infosharing at kantarainitiative.org"
>         <wg-infosharing at kantarainitiative.org>
> Subject: [WG-InfoSharing] Consultation on transborder dataflows
> Message-ID: <980F1753-AAED-4BF8-A87E-30FBF3967769 at openconsent.com>
> Content-Type: text/plain; charset="us-ascii"
>
> On A related Topic to the other thread.
>
> Is anyone here putting in comments for,
> Consultation on transborder dataflows
>
> https://www.priv.gc.ca/en/about-the-opc/what-we-do/consultations/consultation-on-transborder-dataflows/
>
> >?
>
> Mark
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