Well it will not be the first time I have disagreed with ICO guidance or the first time I have been wrong.
On the other hand it will not be the first time ICO guidance has been wrong.
I can readily accept the conclusion in the specific example. I can envisage setting up such a complaints service as data processing.
On the other hand if ICO is of the view s1(4) means an outsourced service must only ever be processing I do not think that can be right. It ignores the basic definition. It ignores the concept of joint / in common data controllership. "Data controller responsibility must remain with the body with the relevant statutory responsibility for carrying out the processing" does not have to mean it cannot be a shared responsibility.
That ignores so much else in the same guidance.
"Whether an organisation is a data controller or data processor will depend on their role and responsibilities in relation to the processing."
"Where specialist service providers are processing data in accordance with their own professional obligations they will always be acting as the data controller " In my original example or in a healthcare setting the provider staff must be processing data in accordance with their own professional obligations.
Possibly ICO has fallen into the trap of thinking s1(4) takes precedence over DPA/Directive or s6 over GDPR rather than vice versa.
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