In a message dated 21/09/2001 01:46:23 GMT Daylight Time,
[log in to unmask] writes:
<< The term 'joint data controllers' does not exist in the Act itself. (Wrong
-
I hear you shout). Getting technical I read the 'data controller' definition
in section 1 as singular. It simply appears to indicate the one or more
persons can decide on the manner of purpose of a data controllers'
processing. The drafting appears to indicate you have to start with a single
controller. Clearly the 'manner of the processing' may include a decision to
disclose to the other via some form of agreement on data sharing thereby
making them both data controllers. However that disclosure (processing)
surely has to be legitimised under the Act from the first to second
controller. >>
--------------------
I believe Dave is right in his analysis. The council MUST be the data
controller as they alone justify the need, place the bid, purchase the
equipment, install the equipment (with advice, not control from the police)
in the required locations pointed at the required properties/areas, etc.
If the council decides to employ an outside contractor (whether it be the
police or a private company) to monitor images and/or change the tapes, that
is their concern but it makes the other organisation a data processor or (if
they actually make use of the data outside the contract terms) a recipient
and data controller in their own right. If the council does not include in
the contract how they will have access to the images of anti-social
behaviour, car park fee non-payers, etc., then there is a fault in the
contract.
What a cosy world it would be if we could get someone else to buy the
equipment we need for our work and then get them to accept all responsibility
for its use, misuse or abuse.
OK, shoot at me too.
Ian Buckland
MD
Keep IT Legal Ltd
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