I think the employer and the nurse might be joint controllers, albeit with
different purposes. The employer's purpose is Staff administration, the
nurse's purpose is Health administration and services. Or, since the
purposes are different, they might be controllers in common. What I think
is pretty clear is that the nurse is not simply a data processor. That's
the best I can do from my reading of the Article 29 Working Party 'Opinion
1/2010 on the concepts of "controller" and "processor"' - especially
comparing the situation with Example 6 on p.19.
The opinion is at:
http://ec.europa.eu/justice/policies/privacy/docs/wpdocs/2010/wp169_en.pdf
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Lynn Wyeth" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, December 12, 2011 9:16 AM
Subject: Re: Who is the Data Controller?
How about the situation where a company uses a nurse-led contact centre for
staff to call in to for sickness reporting? They have been passed data about
staff, inclusing sickness record for last 12 months. Employee calls in sick,
nurse talks to them, gives advice, establishes they cannot go to work and
then calls line manager to ay they will be off. (This is something a company
called FirstCare do for some councils). Once the nurse starts taking further
details, giving advice and creating file notes, do they become controller or
joint controller and not just a processor?
Also, another question, if a company went down this route do you think you
could justify not getting written consent from all exisiting staff (as long
as you serve a Fair Processing Notice telling them it will happen) because
Schedule 2 condition: Necessary for performance of a contract to which the
data subject is a party & Schedule 3 condition: Processing is necessary for
the purposes of exercising or performing any right or obligation which is
conferred or imposed by law on the data controller in connection with
employment.
Would welcome your thoughts.
Lynn
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|