In a message dated 20/05/2002 16:52:25 GMT Daylight Time,
[log in to unmask] writes:
<< That’s as clear as mud then!!! Doesn’t ease the position on other multi-
agency working either. Surely if YOT really IS the legal entity its also
the data controller >>
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As clear, as you say, as mud. The CDA says:
40. - (1) It shall be the duty of each local authority, after consultation
with the relevant persons and bodies, to formulate and implement for each
year a plan (a "youth justice plan") setting out-
(a) how youth justice services in their area are to be provided and funded;
and
(b) how the youth offending team or teams established by them (whether
alone or jointly with one or more other local authorities) are to be composed
and funded, how they are to operate, and what functions they are to carry
out.
Which, to the lay person, suggests that the LA alone decides whether the YOT
acts independently or under the control of one or more other data
controllers. The actual status of the YOT as data controller, therefore,
depends *entirely* upon how the particular LA wants it to operate.
If the YOT has been given the power to decide how to conduct its personal
data processing functions, if the YOT takes data usage guidance directly from
government rather than the partners, if the YOT can undertake personal data
processing without the approval of any of the partners, it is likely to be a
data controller - even if the LA produces the youth justice plan.
If the YOT cannot decide who to help, who to punish, when to cease processing
for a particular case, etc., without the approval of one or more of the
partners, it is probably not a data controller.
The Home Office guidance I have read seems to suggest the YOT should be
acting independently but maybe I am misreading it.
Ian Buckland
Managing Director
Keep IT Legal Ltd
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