Which one Gordon, you gave us two options and said 'the above'
Kevin Giles
Information Compliance Advisor
The Glasgow Housing Association Ltd
Tel: 0141 274 6723
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________________________________
From: This list is for those interested in Data Protection issues on behalf of Gordon Wanless
Sent: Thu 09/12/2010 15:53
To: [log in to unmask]
Subject: Re: [data-protection] Is an independent standards committee a data controller?
I understand that for you to be able to notify with the ICO you have to
be a legal entity.
When we merged 5 separate NHS bodies into one this issue came up as to
whether all five had to be notified separately (as before) or just the
one legal entity and at that time the ICO confirmed the above.
Regards,
Gordon.
Gordon Wanless
Head of Information Governance
T: 0191 203 5484
F: 0191 244 6842
M: 07500 882 525
E: [log in to unmask]
W: www.nhsbsa.nhs.uk
>>> Simon Howarth <[log in to unmask]> 8/12/10 23:10:02 >>>
Why would a data controller need to be a legal entity?
I tend to agree that if they are independent but within the council
then the
council is the controller, but if they are a committee put together
without
any organization, then unless they process personal data "on behalf of
a
data controller" (that is, they are a data processor), then they must
be a
data controller.
Simon Howarth.
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 07 December 2010 21:47
To: [log in to unmask]
Subject: Re: [data-protection] Is an independent standards committee a
data
controller?
s53 : "53.
Standards committees.
- (1) Subject to subsection (2), every relevant authority must
establish a
committee (referred to in this Part as a standards committee) which is
to
have the functions conferred on it by or under this Part."
Although "independent" it is a committee of the Council and has no
separate
legal existence. The Council is in my view the data controller.
Constitutionally and legally it is no different from any other council
committee.
The 'independence' is provided by the regulations which provide an
in-built
majority for external members.
-----Original Message-----
From: This list is for those interested in Data Protection issues on
behalf
of Lawrence Serewicz
Sent: Tue 07/12/2010 20:40
To: [log in to unmask]
Subject: [data-protection] Is an independent standards committee a
data
controller?
Dear all,
I have just had the following question and I do not know how to answer.
The
applicant wants to know if the independent standards committees, as
established by the local government act 2000 are a separate data
controller.
If that is the case, then who handles a subject access request for
information they have created?
They argue that because they are independent of the council that they
are
separate data controllers. I am not aware of their need to register nor
have
I seen any guidance on them.
Has anyone else had this question? Apologies if this is an obvious
question, but I do not know how to approach a response.
Any advice or guidance would be appreciated.
Best
Lawrence
Lawrence W. Serewicz
Principal Information Management Officer
Room 4/140
Durham County Council
DH1 5UF
0191-372-8371
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