Sounds at the moment, from your description and questions, that your are
both data controllers and both need registering.
From the concept of the individual working for the council, under contract
to the council, it would appear that the council are the data controller
with the contracted individual being the data processor.
The bottom line is it is down to the council and the individual, in
determining the appropriate method of working, on who the data controller(s)
are. Also ensure that all data subjects are aware of whom the data
controller(s) is(are).
Way ahead - Check the contract. Make sure the situation is clear in the
contract and that a comprehensive data processor agreement is put in place
identifying what the contractor can and cannot do with the personal data, or
that both the contractor and council have notificaitons in place.
If there is any dispute about who is the data controller it might help to
ask the contractor if they have notified their processing. If not, they are
committing a strict liability offence. On the other hand if the council are
the data controller - processing lawful under councils notificaiton - the
way ahead is clear.
Ian W.
----- Original Message -----
From: "Data Protection Officer" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, February 07, 2001 2:20 PM
Subject: Our Golf proffessional
> Carlisle City Council is responsible for the municipal golf course, and
> employs the services of a golf proffessional. He is not a CCC employee,
but
> works part of the time on cotract to us, and the rest of the time he self
> employed. He runs golf tournaments on behalf of Carlisle City Council,
> includes mailings, fee collection, publication of results, league table
etc.
> He has this information on a Carlisle City Council PC in the club shop,
but
> informs me, he keeps a copy on his PC at home.
>
> Is he a data processor? should he be registered in his own right? who owns
> the data, whose responsibility is it - if he is the data processor (to us)
> and a controller in his own right? is it up to us to stipluate how he
takes
> care of our data?????
>
> Fiona Campbell
> IT Team Principal
> IT Services (Ext. 7258)
>
>
>
> _____________________________________________________________________
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If you wish to leave this list please send the command
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All user commands can be found at : -
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