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more on US Patriot Act and Charities
From: David Farber <dave () farber net>
Date: Thu, 13 Jul 2006 18:35:44 -0400
Begin forwarded message:From: "Synthesis: Law and Technology" <synthesis.law.and.technology () gmail com>
Date: July 13, 2006 8:29:18 AM EDT To: dave () farber net Cc: Sharron Batsch <sharron () batschgroup com> Subject: Re: [IP] US Patriot Act and Charities Dave,There is a simple answer to Sharron's question. And there is a complicated legal one. The simple answer is this: if it is a concern then her firm should move the data to a different company where there is less obvious risk. There may or may not prove to be a fiduciary duty to inform. There may or may not be a duty for the Batsch Group or the charities themselves do something stronger (like move the data). But that is a question for courts to decide, not for someone on this list. We don't hold the power to judge, only give opinions.
The EU Privacy directive caused similar questions. In Sharron's case, since the company housing the data is an arms-length supplier and not a subsidiary or owner of the charities or the Batsch Group, the choice becomes clearer. There is no conflict of laws because a solution is possible. Should the charity choose to stay with the US company there 'could' be problems. Or....there might not. They need to consult their counsel to get an answer that will still not be a guarantee but an opinion. In law there are no guanratees and the difference between losing and getting-away-with-it doesnt necessarily prove that there was or was not a fiduciary duty in the first place.
Hope this helps. Dan Steinberg SYNTHESIS:Law & Technology 35, du Ravin phone: (613) 794-5356 Chelsea, Quebec J9B 1N1 On 7/12/06, David Farber <dave () farber net> wrote: Begin forwarded message: From: Sharron Batsch < sharron () batschgroup com> Date: July 12, 2006 11:57:19 AM EDT To: dave () farber net Subject: US Patriot Act and Charities Hi Dave, I was reading the article you had posted by Karen Jackson ... and I was wondering if you can give me some input on a particular question. We work with Charities ... we have privacy laws or requirements in Canada .... What is the impact of Charities that house their data with a US company that resides on US soil? We understand through a client of ours that any data that resides in the US is subject to scrutiny at the whim of the US government and they feel no obligation to inform the organization who's data is being reviewed. This is my question: If a charity houses its data in the US using a US provider, is it the fiduciary duty of the charity to inform their donors that they can no longer give a 100% guarantee of confidentiality? Thank you for consideration in responding to my question. Sharron Batsch ------------------------------------- You are subscribed as synthesis.law.and.technology () gmail com To manage your subscription, go to http://v2.listbox.com/member/?listname=ipArchives at: http://www.interesting-people.org/archives/interesting- people/
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