What about the legal basis for transferring personal data to an independent official? When is that possible? I am thinking, for example, of social networks that share user data with other controllers to increase advertising revenues. Data exchange agreements are formal contracts detailing the data disclosed and the data used for the data. Some transfers are once or infrequent; others are systematic. In some situations, data may be shared, as parties with common access to the data are independent. In other cases, transfers can be discrete acts of sharing. Although in principle more complex, reciprocal agreements may be easier to negotiate, because what is good for the goose is good for the Gander. However, if the data flows in both directions, you should be careful to consider the effects of any reciprocal availability from both angles. Below, you`ll find a list of items that are usually included in a data sharing agreement. While this list may cover the databases, additional concerns may be relevant to a data set or supplier agency.
In case 2.1, the subcontractor should be contractually required to pass the data on to the subcontractor at least at the end of the contract. There should also be an obligation to act solely on the instructions of the treatment manager, which at some point will be implemented as an obligation to act on the instruction of the person in charge of the treatment – although the subcontractor wants to see limits and qualifications for the instruction of the person in charge of the treatment. Once you have defined the formal roles of the parties and if and how to apply section 28, you need to think about some of the specific characteristics of the release. This helps you decide if a contract is needed and what issues need to be addressed in a contract. “One of the challenges of the territorial community is to promote data exchange and cooperation between several agencies and organizations at several levels of public, private and associative organizations. The interchangeable and successfully collaborating field of interchangeable data is based on the adoption of guiding principles, the identification of best practices and the recognition of challenges that may include political, scientific and technological issues. (National Geospatial Advisory Committee, 2011) As for specific categories, allocation agreements involving automated processing and profiling of individuals may lead to greater risks. This is an obvious point, but the common use of specific categories carries more risks.
Many of the higher fines we have imposed by supervisors under the old regulations are due to data breaches with medical data and other types of sensitive data. In the absence of strong intellectual property rights to protect data and databases in the United States, data-sharing agreements work best if they are part of a broader agreement among research partners. An individual agreement on data sharing is not intended to supplant the greater agreement between the partners, but to complement and support a particular aspect of the broader agreement. For a detailed overview of the role of a data-sharing agreement in a larger project among research partners, see Data Sharing: Paige Backlund Jarquin MPH, Colorado Clinical and Translational Sciences Institute – Rocky Mountain Prevention Research Center. It is important to recognize that the process of establishing data exchange agreements between countries, as well as the nature of the data that is shared and the agencies that share the data together, are different. Data exchange agreements protect against data misuse and promote early communication between agencies on data processing and use issues.