Also, the Controller is the legally binding holder of the data and not
the Processor as it is the Controller who would obtain the information
in the first instance and if data had been misplaced the member of
public would have recourse only to the Data Controller. It may be that
the Controller has an Agreement with the Processor that if the Processor
discloses personal data illegally then the Controller would be able to
sue them.... What a wonderful web DP weaves........
D
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 14 November 2006 14:31
To: [log in to unmask]
Subject: Re: Data Controller - meaning
Since the Processor processes on behalf of the Controller they are
viewed as a part of the Controller for DPA purposes despite being a
separate organisation. Thus data held by Processor is held by
Controller
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Healy, Susan
Sent: 14 November 2006 14:19
To: [log in to unmask]
Subject: Re: [data-protection] Data Controller - meaning
As DPA s 1(1) says, the data controller is the person - human or legal -
who 'determines the purposes for which and the manner in which any
personal data are, or are to be, processed'.
Personal data could be held by a data processor or a data controller.
Susan Healy
Information Policy
The National Archives
Tel 020 8392 5330 ext 2305
Email [log in to unmask]
www.nationalarchives.gov.uk
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Nick Landau
Sent: 14 November 2006 11:42
To: [log in to unmask]
Subject: [data-protection] Data Controller - meaning
According to the Data Protection Act the organisation holding the data
is the Data Controller.
See http://www.opsi.gov.uk/acts/acts1998/80029--b.htm
Also http://www2.essex.ac.uk/rm/dp/dpdefs.shtm
But http://www.dca.gov.uk/ccpd/faqdp.htm#3a advises:
"3. How do I make a request?
You should write to the 'Data Controller' at the organisation holding
your data."
Comments?
Nick Landau
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