Group
> At a Fraud Advisory Panel(FAP) meeting with the Information
> Commissioner on Wednesday 15th, an issue arose with regard to whether
> an investigator (non law enforcement) was a Data Controller or a Data
> Processor. The Information Commissioner's Office (ICO) is of the
> opinion that they would be a Data Controller in their own right. This
> statement was disputed. It was agreed that FAP would put forward a
> paper to him with regard to whether the investigator was a Data
> Controller or Data Processor, and accordingly I invite any comments
> from the group.
>
> It is believed that the ICO is confusing the role of investigator with
> that of a police investigator. When the police take over an
> investigation they determine the processing that is taking place. The
> private investigator does not determine the processing that takes
> place, but complies with the instructions given by the client.
> Clearly he would offer his advice and guidance as to how the matter
> could best be resolved. It is suggested, therefore, that the
> investigator is the Data Processor and as such the contract should
> include the Data Protection clause creating the legal relationship
> between Data Controller and Data Processor. If that clause isn't
> included, it raises the issue as to whether it is a valid contract.
> Other questions it raises are:-
>
> (a) Would the investigator be breaching the 1st Principle because he
> would not be able to satisfy one of the conditions in Schedule 2?
> (b) Would it be a breach of the 7th Principle because the investigator
> would hold personal data which he wasn't entitled to hold, and
> therefore the Data Controller (the client) hadn't kept it secure?
>
> There are many other arguments but that is the basis of it, and I
> would welcome the group's comments. For those of you in the public
> domain, this could also affect you because you may use contract
> security, bailiffs, and probably enquiry agents to track down missing
> tenants.
>
> Regards,
>
>
> Chris Brogan
> www.securitysi.com
> SECURITY INTERNATIONAL LTD
> 130 St John's Road, Isleworth TW7 6PL, United Kingdom
> Tel: +44 (0)20 8847 2111
> Fax: +44 (0)20 8847 1852
> Email: [log in to unmask]
> Registered Office: 7-9 Swallow Street, London W1R 8DT
> Registered No:1322074
>
>
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