On 25/05/2018 11:33, Graeme Fowler wrote:
On 25 May 2018, at 10:46, Paul Smith <p...@pscs.co.uk> wrote:
But, how it interacts with email, it all seems to get very horrible. I suspect 
the *intention* is OK, but I'm struggling with the actual regulations.
Whilst this specific article (written by Andrew Cormack of Jisc UK) pertains to 
packet-pushing, it's conceptually identical to the SMTP "issue" you raise:

https://community.jisc.ac.uk/blogs/regulatory-developments/article/are-networks-data-processors

In your context, the processor is the sender (or sending organisation). It's 
not you. They're the ones making the decision to shift data from A to B, you 
are only the conduit (or one of many).

I wish that was the case, but it's not what GDPR says, certainly for SMTP relay services

Article 28: (1) "Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject."

Article 4: (2) "Processing means *a**ny operation* or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, *storage*, adaptation or alteration, retrieval, consultation, use, *disclosure by transmission*, *dissemination* or *otherwise making available*, alignment or combination, restriction, *erasure* or destruction;"

SMTP relay services do the highlighted operations on personal data. Thus they are Data Processors. Whether a pure network operator is is more debatable, but 'any operation' is a broad brush.




--


Paul Smith Computer Services
Tel: 01484 855800
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