How secure is your data? ñ The Patriot Act effect within Europe

The on-going threat of terrorist action and the resulting legislation is threatening the security and privacy of personnel data. In the news recently was the discussions between the EU and US about the disclosure of airline passengers’ and although this was eventually resolved, an uneasy truce exists and has created a climate of uncertainty.

Jamie Davies, UK Country Manager of the Talent Management Solution provider MrTed Ltd reports that this uncertainty and threat of legal action is causing an increasing number of organisations to review where their data is being hosted. Jamie says ìUnder the Safe Harbor principles, applicants data could be held anywhere in the world and the applicants and the companies who own the data are afforded data privacy, in keeping with the rules of the UK Data Protection Act 1998. However these safeguards appear to be under threat from the Patriot Act which allows the US government to interrogate the data without the prior knowledge or agreement of either partyî.

The general view is that the Patriot Act contains far reaching provisions on the disclosure of personal data and it leaves individuals with little or no choice, or even knowledge, that some personal information has been disclosed. Interestingly, a recent report from Canada raised serious concerns about the implications of outsourcing public services to US-controlled companies that could be compelled under the Patriot Act to disclose information about Canadian citizens to US authorities.

Jamie continuesî In our discussions with many UK and European based organisations, there are serious concerns and debates about using e-recruitment systems where the data is hosted in the US, and its implications on maintaining the privacy of what is a valuable resource ñ namely high quality and talented peopleî