Hi one way of looking is if the organisation is s registered legal entity - then yes they would qualify as a DC - however there can be exceptions of part of a parent holding company.
Sent on the move ....
Regards
Trish Thomas (MSc)
Information Governance & Security Specialist
07545 445799
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On 26 Aug 2016, at 15:48, Phil Bradshaw <[log in to unmask]> wrote:
If by 'internal' you mean they are employees it is difficult to see how they can meet the definition of data controller.
This would have all sorts of ramifications. Need for processing contracts, e.g. for storage + IT systems. How would you manage enforcement?... insurance? ... indemnities? ... Who manages subject access requests?
Interestingly the advice on this site clearly envisages the employer is the DC: http://www.personneltoday.com/hr/confidentiality-and-record-keeping-in-occupational-health-2/ As you will see I tend to agree.
One must be careful not to confuse DP with confidentiality which is a very different issue. Generally the records will be confidential to the OH team and not accessible to anyone else w/o consent or other necessity. For example the employer's DP officers may need access to service a SAR ...
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