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Safe Harbour agreement

FOI14595 – Request for information

Request

Thank you for your email of 15 October 2015, requesting information from Ordnance Survey in accordance with the Freedom of Information Act FOIA 2000:

In the light of the recent ruling by the European Court of Justice that the Safe Harbour agreement is invalid, can you please supply the following information:

1. Does Ordnance Survey Store and process UK/EU citizen data in the US?

2. If so, approximately how much UK/EU citizen data is stored in the US?

3. If so, which service provider is storing and processing that data?

4. If so, was the Safe Harbour Agreement Safe used to determine the “adequacy” of transferring the data to the US, under the Eighth Principle of the Data Protection Act?

5. If Safe Harbour was not used as an adequacy mechanism, what was the mechanism used to ensure compliance with the Data Protection Act?

Our response

I can confirm that Ordnance Survey does hold some of the information you have requested. Where the information is not held or exempt from disclosure this will be stated.

1. I can confirm that Ordnance Survey does hold this information. Ordnance Survey stores and processes UK/EU citizen data in the US through the use of a small number of Software-as-a-Service tools provided by US companies from US data centres.

2. I can confirm that Ordnance Survey does not hold this information because we are not able to quantify the amount of data in terms of Kilobytes/Megabytes/Gigabytes. However under section 16 of the FOIA act I can inform you that the amount of data stored in the US is on a service by service basis.

3. I can confirm that Ordnance Survey does hold this information. The service provider storing and processing the data is listed below:

  • DockerHub·
  • GitHub
  • Eventbrite
  • Survey Monkey
  • Snap Surveys
  • OPP
  • Oasys
  • A&DC
  • TalentQ
  • SHL

4. I can confirm that Ordnance Survey does hold this information. Safe Harbour Agreement Safe was used to determine the ‘adequacy’ of transferring the data to the US, under the Eighth Principle of the Data Protection Act.

5. I can confirm that Ordnance Survey does not hold this information because Safe Harbour Agreement Safe was used as an adequacy mechanism used to ensure compliance with Data Protection Act.

Internal review

Your enquiry has been processed according to the Freedom of Information Act (FOIA) 2000. If you are unhappy with our response, you may request an internal review with our FOI Internal Review Officer, by contacting them as follows:

FOI Internal Review Officer
Customer Service Centre
Ordnance Survey
Adanac Drive
Southampton
SO16 0AS

Email: foi@os.uk

Please include the reference number above. You may request an internal review where you believe Ordnance Survey has:

  • Failed to respond to your request within the time limits (normally 20 working days)
  • Failed to tell you whether or not we hold the information
  • Failed to provide the information you have requested
  • Failed to explain the reasons for refusing a request
  • Failed to correctly apply an exemption or exception

The FOI Internal Review Officer will not have been involved in the original decision. They will conduct an independent internal review and will inform you of the outcome of the review normally within 20 working days, but exceptionally within 40 working days, in line with the Information Commissioner’s guidance.

The FOI Internal Review Officer will either: uphold the original decision, provide an additional explanation of the exemption/s applied or release further information, if it is considered appropriate to do so.

Appeal to Information Commissioner's Office (ICO)
If, following the outcome of the internal review you remain unhappy with our response, you may raise an appeal with the Information Commissioner’s Office at:

The Case Reception Unit
Customer Service Team
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Email: mail@ico.gsi.gov.uk

Telephone helpline: 0303 123 1113 or 01625 545745 for advice, Monday to Friday.

Thank you for your enquiry.

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