Don't forget that it is also possible for two or more organisations to be 
'joint' data controllers or data controllers 'in common'.  There was a 
turgid but quite useful Article 29 Working Party Opinion on this last year 
(http://ec.europa.eu/justice/policies/privacy/docs/wpdocs/2010/wp169_en.pdf).

Where organisations that are working collaboratively have independent 
identities but the collaboration mechanism does not amount to a new 
organisation, I would look at a Data Sharing Protocol and the organisations 
being data controllers jointly or in common.  (I've recently put together a 
PowerPoint on this which I'd be happy to send anyone who is desperate to 
know more.  I think it stands alone without any commentary.)


Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB


----- Original Message ----- 
From: "Bradshaw, Phillip" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, February 03, 2011 9:17 AM
Subject: Re: Youth Offending Teams


Thanks Michelle

Glad I am not the only one who was surprised. This all seems to stem
from long standing advice of the YJB and the ICO stance that it is "up
to you to decide whether you are a legal person" .

I have not yet formed a clear view on this, but my concern is two fold.

1 If it is correct that YOT's should register as a DC then possibly few
of them have the necessary data processing agreements and sharing
protocol's in place. If it is not correct then I would predict major
issues for all who have, as they will not have assigned responsibilities
correctly.

2 If it is correct that YOT's should register then how is that different
(possibly some statutory basis that I have not yet discovered ?) from
all the other "partnerships" we operate within e.g. CYPP, :local Service
Board, Careers Service, Flying Start, Drugs Intervention programs. We
have been merrily been creating sharing protocols when perhaps we should
have been registering them as data controllers all along.

As we move into an era of increasing shared services these problems will
increase.


Phillip Bradshaw


Information Manager
Democratic Services

Room CY5C, County Hall

EMail: [log in to unmask]

Phone:         029 2087 3346
Mobile :        07890 265987
Fax:              029 2087 3349

If we had oars,
we could row ,
if we knew were we were going.


-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Michelle Peel
Sent: 03 February 2011 08:51
To: [log in to unmask]
Subject: Re: [data-protection] Youth Offending Teams

Hi,

I hadn't been aware of this previously, and having checked it seems that
Trafford's Youth Offending Service are indeed registered as a Data
Controller in their own right (although they are part of the Council, so
I'm not entirely sure why - I will look into this). As it happens, most
of their data processing is on systems they procure themselves, but I
will now need to look into the ins and outs of this, as if they are part
of the council, surely the council "own" the system.. This is getting
complicated now!

On the subject of data sharing agreements with schools, we have been
intending to do this for some time, but there has been a delay in
getting our Tier One Protocol signed by the Chief Executives of our
partner organisations in our CYPS (Council, PCT and Healthcare Trust),
so we haven't got very far with this. I hope to rectify this in the very
near future by reviewing the way our protocols are put together.
Certainly as schools gain academy status we will be ensuring we get an
agreement signed.

Interestingly schools have approached us with a view to putting together
a data sharing agreement for the sharing of exam results prior to
publication, but this has not progressed either as our School
Improvement Service are leading on it, and changes are afoot there due
to budget cuts.

Best wishes,

Michelle Peel
Information Governance Manager
Trafford Children and Young People's Service

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