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Tenant Check Worldwide is committed to the
protection of personal data and therefore fully
complies with the EU Data Protection Directive along
with the Commonwealth Privacy Act including the 10
National Privacy Principles, State and Territory
Privacy Acts and that of the rules relating to
international data transfers via approved EU and
Commonwealth model contracts, the US Department of
Commerce Safe Harbor Programme, Canadas Personal
Information Protection and Electronic Documents Act
(PIPEDA) and the incorporation of Binding Corporate
Rules between members.
The Data Protection Act gives individuals the right
to know what information is held about them. It
provides a framework to ensure that personal
information is handled properly.
The Act works in two ways. Firstly, it states that
anyone who processes personal information must
comply with eight principles, which make sure that
personal information is:
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Fairly and lawfully
processed |
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Processed for limited
purposes |
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Adequate, relevant and not
excessive |
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Accurate and up to date
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Not kept for longer than is
necessary |
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Processed in line with your
rights |
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Secure |
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Not transferred to other
countries without adequate protection |
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The second area covered by the Act provides
individuals with important rights, including the
right to find out what personal information is held
on computer and most paper records.
Please
contact us if you wish to find out if any
records are held about you and/or you wish to amend
these.
International Tranfers
The eighth principle of the Data Protection Act 1998
prohibits the transfer of personal information to
countries or territories outside the European
Economic Area (which consists of the 25 EU member
states, Iceland, Liechtenstein and Norway). The same
applies to the ninth principle of the Australian
Commonwealth Act. A transfer can only be made where
there is adequate protection for the rights and
freedoms of individuals in relation to the
processing of information about them. This is
intended to ensure that data protection rules cannot
be circumvented by transferring personal information
to a place where it will enjoy no legal protection
and where individuals will have no rights in respect
of it.
Transfers can still take place to countries
which do not have equivalent data protection
legislation where adequacy is ensured by other means
in the particular circumstances of the transfer.
Namely
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The trans border data flow
principles will not be breached where the
transfer is to a country or territory that
has been deemed 'adequate'. At the time of
writing the following countries have been
deemed adequate: Argentina, Canada, Guernsey,
Isle of Man and Switzerland. |
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Personal information can
also be transferred to members in the US
that have signed up to the 'Safe Harbor'
agreement. These members have agreed to
abide by a set of rules similar to those
found in our own data protection law. |
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Data can be transferred to
members subject to the Personal Information
Protection and Electronic Documents Act ( or
PIPED Act ) in Canada. |
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Finally personal
information can be transferred worldwide
providing that a clear and unambiguous
consent has been given by the data subject
prior to listing them on the database or
before conducting a check on that person.
All Tenant Check Worldwide members must
ensure this practise is strictly adhered to
and are legally bound by this rule found in
the terms and conditions of membership. |
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For more information please contact Susan McIntosh
at
legal@tenant-check-worldwide.com or
alternatively please feel free to visit
www.ico.gov.uk |
