1) Yes, all parties to a data sharing protocol must be registered data
controllers and you should make that a condition of membership. The signing-up form
should require the parties to state their notification number. Incidentally,
data processors have no legal obligations under the DPA.
2) Except in cases involving children at risk and maybe some vulnerable
adults, I would suggest that the basis of the data sharing should be consent. How
that consent is obtained and at what stage is something you should establish
prior to the partnership operating. As the data is likely to be classed as
sensitive personal data, I would think the consent should be in writing.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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-----
In a message dated 25/01/05 08:29:29 GMT Standard Time,
[log in to unmask] writes:
> 1> Do all Data sharing parties need to be registered as independant Data
> Controllers or do we just register the interests as DP processors with
> the IC?
>
> 2> I understand te fair-processing code needs to reflect data-sharing
> activity - however can we use the Health & SS exemptions to process /
> share information?
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