Dear Ian
Very helpful this - we were not aware here that Youth Offending Teams had
had their status determined in any official way. Do you know how this came
about or where I can read about it. I can't find any reference to it on OIC
site.except the notification template itself.
The rest of your email hits on the problem here which is the difficulty of
determining the status of these partnerships using the conventional DP
criteria. Some (like Surestart) collect data in their own right. Others,
like Crime and Disorder Partnerships pool the data of their various member
agencies. Not to mention the fact that some of the agencies are voluntary
bodies and may not have a notification of their own. I don't know what
others think but It looks like a kind of legal scrambled egg to me.
I am still trawling my way through Home Office/OIC guidance and hoping for
some enlightenment.
colette healiss
St Helens Council
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Sent by: This list is To: [log in to unmask]
for those interested cc:
in Data Protection Subject: Re: Multi-agency partnerships
issues
<data-protection@JISCM
AIL.AC.UK>
16/03/2002 08:14
Please respond to
KITLegal
In a message dated 15/03/2002 11:07:21 GMT Standard Time,
[log in to unmask] writes:
<< Colette, I've been wrestling with this lately too - in respect of
Community
Safety partnership, Youth Offending Teams and the CCTV partnerships
between
Council, Police Force & Police Authority. >>
---------
It has already been established that YOTs are separate data controllers and
a
notification template for them can be found on the OICs website.
It may be that other partnerships are on a data sharing basis between
controllers in common or joint controllers but the reps from each
controller
should be made aware of restrictions on secondary use. For example, if the
CCTV scheme is for crime detection and prevention purposes (and you make
use
of the exemption from the first principle) then the video images could not
be
used by the council for personnel use (e.g. we caught X on tape selling
stuff
on the market while he was off sick) or civil actions. Police may not be
happy to allow use of cctv for non-crime purposes such as contract
compliance.
Remember also that community safety would be interested in reducing
disorder
as well as crime and that would not qualify for an exemption from the first
principle.
Where cctv control rooms are in council premises and personned (is that a
real word?) by council staff or contractors, the identity of the sole data
controller is obvious but where (for example) police officers have
unfettered
access to the control room and can switch or pan cameras according to their
needs they are probably joint data controllers, although some forces don't
like the joint liability aspects of this arrangement.
Ian Buckland
MD
Keep IT Legal Ltd
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