I have a contract with a company who handles a database for me. They are a
Data Processor. I am the Data Controller, and it is my JOB to decide how
the data is processed. Not the nuts and bolts. The big decisions. "DO
THIS" I say, and they do it. I have no interest if they do it by unstapling
and restapling pieces of paper, or use a CRM system. I care about inputs,
outputs and service levels. I care about the security of MY data on their
servers, and that is all. I thus hold the contract for a relationship like
the one you illustrate. It works simply and well.
I remain bewildered that this confuses people. It makes an amusing
discussion thread, but surely serves no practical purpose, unless the
purpose is to look busy with email? But wait, that is cynical, and I am
never cynical.
_____________________________________________________________
Tim Trent
Chief Privacy Officer EMEA
Gartner
EMEA Marketing, Tamesis, The Glanty, Egham, Surrey, United Kingdom,
TW20 9AW
Switchboard +44 (0)1784 431 611, Direct Line +44 (0)1784 267 335, Mobile +44
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-----Original Message-----
From: Duncan Smith [mailto:[log in to unmask]]
Sent: 19 February 2002 15:49
To: [log in to unmask]
Subject: FW: Don't use data processors!
-----Original Message-----
From: Duncan Smith [mailto:[log in to unmask]]
Sent: Tuesday, February 19, 2002 3:49 PM
To: 'Chris Brogan'
Subject: RE: Don't use data processors!
-----Original Message-----
From: Chris Brogan [mailto:[log in to unmask]]
Sent: Tuesday, February 19, 2002 2:53 PM
To: 'Duncan Smith'
Subject: RE: Don't use data processors!
Hi Chris,
"I have been following this discussion with interest. Just think for a
moment who your processors might be. Your Bank,lawyer,accountant,part
time lecturer,security company,debt collection company,temporary
clerk/secretary etc. How can you operate without using a data
processor?"
By dint of the definition of a data controller ("data controller" means,
subject to subsection (4), a person who (either alone or jointly or in
common with other persons) determines the purposes for which and the
manner in which any personal data are, or are to be, processed;) I'm not
sure there are any data processors.
Does anybody really have a relationship with a third party that makes
NONE of their decisions about how data are, or are to processed. If
there are, as data controller you must spend a lot of time in their IT&S
meetings.
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