I would tentatively suggest that council and the trust are joint data
controllers. If they have not already set down in writing what they think
this means in practice, in a data sharing protocol, it might be a good idea
to do so. The protocol should include a section on how subject access to
the shared data is handled - but my understanding is that if they are joint
controllers then a request to either of them would cover the data they hold
jointly.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Gill Wood" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, January 23, 2009 9:59 AM
Subject: Who is the data owner?
An interesting question for a Friday:
Our social care workers work very closely with health professionals when
dealing with mental health cases. The social workers are employed by
Leicestershire County Council and the Mental Health professionals are
employed by the NHS trust They often work on the care assessment
together ,are based in the same room and only have 1 copy of the case file
which obviously includes data from both organisations . Who is the data
owner? What should happen when dealing with Subject Access Requests?
Your views would be very much appreciated.
Gill Wood
Leicestershire County Council
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