Tim ,
You are broadly right - any talk of not using processors is frankly silly.
What the third party does and is allowed to do defines whether they are
processors or controllers - think it  through properly and there will be no
doubt.Whether or not the processor is also a controller for other data is
irrelevant. You can't evade your responsibilities by calling a processor a
controller - the test is the terms governing the processing. By trying to
confuse the two concepts  you will simply multiply the number of breaches
you end up committing.

Alasdair Warwood


----- Original Message -----
From: "Trent,Tim" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, February 19, 2002 2:09 PM
Subject: Re: Don't use data processors!


> Watching this thread has bewildered me a little.
>
> From it I have gained the following thoughts:
>
> *  If you wish to delegate the processing of data, send it to a Data
> Controller to process
> *  If you use a Data Processor to process your data you remain responsible
> for the Data Processor's actions.
>
> My challenge here is that when I engage another party to process my data I
> am the data controller for the data and not them, whether they are data
> controllers in their own right or not.
>
> My instructions to them mean that the data is being processed according to
> my desires and on my behalf.  I do not pass them the data to control, for
I
> would be passing data to a third party without the consent of the data
> subjects so passed.
>
> I believe that I cannot rid myself of the responsibility of being the Data
> Controller for the data however much I wriggle here.  I also have the
> feeling that the IC would look at this as the law intends, not in the way
a
> contract has been arranged.  And the law surely intended the original Data
> Controller to retain responsibility for the data.
>
> _____________________________________________________________
> 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
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> Visit our home on the web:  http://www.gartner.com
>
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> reflect those of my employer.  They are expressed as a part of the
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other
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