My previous response assumes shop has name of purchaser e.g. because
not a cash transaction, and a 'real' installation address in these
circumstances would be personal data.
If it's a pure cash transaction and no name revealed DPA is simply not
engaged.
Phillip Bradshaw
Information Manager
Clerk to the Council
Room 111, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07779 284684
Fax: 029 2087 3349
Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 11 January 2008 11:15
To: [log in to unmask]
Subject: Re: [data-protection] Buying a TV - who is the data contoller
I agree - indeed, it could be argued that the Data Controller is
ultimately the BBC, for whom TV Licensing is a contractor. "TV
Licensing" is a consortium of companies (including Capita) providing
different aspects of the license collection and administration service,
all under contract to the BBC. I don't think a shop could be said to be
making the decisions, as they are at the bottom of this tree, not the
top.
Regards
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lee Gardiner
Sent: Fri 11 January 2008 11:05
To: [log in to unmask]
Subject: Re: [data-protection] Buying a TV - who is the data contoller
Surely the shop would be classed as a Data Processor on behalf of the TV
Licensing Authority who they are collecting the data for?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: Fri 11 January 2008 11:02
To: [log in to unmask]
Subject: [data-protection] Buying a TV - who is the data contoller
When you buy a TV the law says that you must give the shop the address
of where it's to be installed. Sometimes people give a false address,
which creates hassle for the person living there.
I would have expected the shop to be the controller of this data, and
therefore be responsible for ensuring its accuracy at the point of
collection, and also afterwards if advised that a false address has been
supplied.
But I've seen some speculation that they aren't the Data Controller
because they are collecting the data "for someone else". I don't think
that's right. Apart from the common sense angle that they *have* the
data that's been collected, they'd have no obligation to keep it secure,
otherwise.
This situation must be repeated in other situations where data is
gathered for statutory or contractual purposes [1], and then passed to
someone else.
[1] eg By schools for Connexions, let alone Contactpoint.
--
Roland Perry
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