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Outsourcing helpdesks to India

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Old 07 January 2004, 10:36 AM
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druddle
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I know lots of companies are doing it now, but something i read on Silicon.com made me think. What about data protection ? Are the people in India subject to the UK Data Protection Act ??? I dont think they will be, so does that make all our personal and financial data insecure ?

Dave
Old 07 January 2004, 10:48 AM
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Brendan Hughes
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I don't see why helpdesks are a new legal problem. You've been dealing with multinational companies for years. Aren't they under the same constraints?
Old 07 January 2004, 10:53 AM
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J S W
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I think that is a very good point druddle and clarification on this from someone would be useful.
Old 07 January 2004, 11:03 AM
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druddle
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Article from silicon.com

Dave
Old 07 January 2004, 11:16 AM
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Alec
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On some of the small print you sign (or don't) it does state something about data being taken out of the uk and therfore not covered by data protection act.

Alec
Old 07 January 2004, 11:20 AM
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The Zohan
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On some of the small print you sign (or don't) it does state something about data being taken out of the uk and therfore not covered by data protection act.

Ouch!!!!!!!

will follow this thead with interest
Old 07 January 2004, 11:27 AM
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Alec
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Paul,
I just remember reading someting on some small print somewhere about this.

Alec

[Edited by Alec - 1/7/2004 2:06:57 PM]
Old 07 January 2004, 02:02 PM
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DAC
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and what about accounts/policies you have had in force for years - which have always been dealt with in UK.

anything you've signed should be honoured - and if they can't then the handling shouldn't be done by overseas/Indian departments.
Old 07 January 2004, 04:22 PM
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Crapaud62
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I think you will find that India has a similar Data Protection Law. I used to work in Compliance and I know for example Jersey had to bring in the legislation to be allowed to share data with UK. As far as I know it is an international obligation for countries to have this protection in place to allow the free exchange of data between the various countries. I'm certain it applies within the EU and 90% sure about India.
Old 07 January 2004, 04:50 PM
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chiark
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Eighth data protection principle:
“Personal data shall not be transferred to a country or territory outside the European Economic Area 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.”

If you want to know more - see here (pdf doc)

Cheers,
Nick.
Old 07 January 2004, 07:57 PM
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Ian Griffiths
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Its illegal to export data that isn't adequately protected when it arrives. I'd assume a similar law existed in India, otherwise the UK end of things would get in to trouble.

[Edited by Ian Griffiths - 1/7/2004 7:58:41 PM]
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