I'd say never if (o) only collects data for (p) and for (p)'s purpose.
But your question C) suggests that (o) might also do something with the
data. If that is right, then as soon as (o) determines a purpose for
which it is processing data (and it must have control of that data) it
is a data controller of that data. Point A can't be relevant at all and
nor B) (at least in relation to something not yet collected - as data is
not yet being "processed")
Renzo
Renzo Marchini
Dechert LLP
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of
[log in to unmask]
Sent: 02 November 2009 10:27
To: [log in to unmask]
Subject: [data-protection] Joint data controller enquiry
Enquiry.
If a data controller (p) requests another data controller (o) to
collect a given set of data for the purposes of (p), and (o) by pre-
arranged agreement complies, would data controller (p) become a joint
data controller:-
A) at the point the original agreement was formed;
B) at the point of each specific written request;
C) at the point where they further processed the particular data so
collected;
D) never?
Ian W
Recycle mobile phones and earn - http://www.tiscali.co.uk/recycle
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