In a message dated 11/02/04 12:22:34 GMT Standard Time,
[log in to unmask] writes:
> The points you make justify why councillors are legally separate entities -
> but not why they can't have a common notification as per the businesses
> (legally separate entities) in a security group - common purpose use of
> CCTV, radio systems etc. or indeed the governors of a school not needing
> separate notifications.
--------
My comments did not rely upon the "separate legal entity" issue and indeed I
deliberately avoided that because I don't actually think they are. They are,
however, separate legal "persons" under this legislation. The primary argument
in my view is that the councillors retain an individual control over the
method and substance of the processing. Likewise there can be separate data
controllers within a legal entity - such as Youth Offending Teams within a social
services department.
Security groups that share radio or CCTV networks tend to be more closely
aligned in terms of their overall operations than councillors do and in general
the "control" over the processing is a joint effort. Councillors tend to
operate in an independent manner when they represent their constituants and
sometimes jealously guard that independence.
School governors are different in that the law governing their processing
(Education Reform Act 1988) refers to them as the governing body and the only
reason they do not have to register as a separate data controller from the head
teacher any more is that special provision for a joint registration was
included in the DPA98 (mainly due to costs involved for small primaries rather than
larger secondary schools).
Presumably if enough pressure is put upon government they could introduce a
special provision for councils to jointly register their members.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
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