Ian
I've run several members training sessions advising them of the OIC guidance, and their legal obligations as a data controller.
So hopefully no sacrifices on my account.......
But I've also spoken to a few lawyers who disagreed with OIC's interpretation.
Specifically, that members working on surgery organisation/complaints etc... could be considered to be wearing a Council hat. So while the member would do the work, the council would be the data controller. Therefore no need to separately notify.
For the record I would lean more towards OIC's (and your) interpretation.........but I'm not a lawyer, so rely on those who are, to provide guidance. In this case (for me anyway), different lawyers have offered different advice.
And there is no case law.
You are correct that no-one wants their head above the parapet.
But equally no-one wants to fork out an annual fee unnecessarily.
The objective of my email was, with this background in mind, to find out what other LAs were doing.
Tommy Kennedy.
>>> <[log in to unmask]> 11/09/01 09:40am >>>
In a message dated 09/11/2001 09:23:28 GMT Standard Time,
[log in to unmask] writes:
<< But opinion on the actual need to notify seems mixed. Our legal
department has taken a view, but as far as I'm aware there is no case law. >>
---------
I wasn't aware that opinion was mixed. I was under the impression that:
1) If the councillor has personal data relating to complainants, surgery
visitors, council staff dealing with the councillor's enquiries, their own
staff or others involved with their representational activities, the
councillor is a data controller in his/her own right; and
2) If that information is being processed on computer or by other automated
means, the councillor is a data controller who must notify the OIC of his/her
activities.
You may be right about the case law, but which of your councillors are
prepared as individual controllers to stick their heads up above the parapet?
Or which ones are you prepared to sacrifice by not informing them of their
legal obligations as advised by the relevant enforcement authority?
Ian Buckland
MD
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