Dear All,
I am after some comparative advice or insight about allotments and allotment associations.
in 2009, we merged 8 councils into one council. The district council was responsible for allotments (mainly) and the county council less so. At the time, many districts had allotments going back years. In some cases, the council managed them directly. In other cases they were managed by an allotment association. The association may have been relatively informal to very formal with a constitution and an elected body.
See for example the work of the National Allotment Association.
http://www.nsalg.org.uk/allotment-info/allotments-management/
My questions are these. If the allotment association has registered as a separate data controller (there are 5 on the ICO register from what I could find using the key word search allotment) then it is clear they need to be treated as a separate data controller.
However, if they are not registered as a DC and only exist as a function of managing a site on behalf of the council, in other words, the council tells the allotment holders to manage their own site on behalf of the council so they still have rights with the council because they pay the council even those the allotment association is the site manager, then they are likely a data processor.
Now, if the allotment association is clearly constituted and while not registered is acting independently of the council and would appear to be more of a data controller in their own right (as they are doing more than what the council directs) as they run the site, organise events and work without needing to reference the council, then a joint data controller contract or service level agreement would be needed.
If there is nothing on file, most will have developed well before the DPA came into force in 1998 and even in 1984, what is the best way (or what would you recommend) to do to make the allotment association DPA compliant and reduce the potential risk to the council? Would you prepare a standard Privacy Notice to alert the tenants who is the DC?
I would be grateful for any advice in this area and any experience others have had with managing allotments and allotment associations in this area.
Thanks
Lawrence
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