Dear All,
I am trying to think through the following scenarios to determine which lawful basis applies.
Scenario A) Person YYY rings up a public authority. "I would like to request a job application."
Scenario B) Person DDD rings up a public authority. "I would like a job application on behalf of my cousin BBB who is travelling abroad without a fixed address or an email account."
Is this
1. Contract 6b "processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract";
Or
2. A public task 6e "processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller"
Or
3. Consent 6a"the data subject has given consent to the processing of his or her personal data for one or more specific purposes."
For scenario A, I would suggest it is 1 and 2.
For scenario B, I would suggest it is 2 and 3,
Wrinkle.
Service say "We will post it to you in your cousin's name BBB to your address." Do they have the authority to process cousin BBB's personal information? (I am thinking no) Or must they post it to DDD's address in DDD's name under 2 and 3?
Any help would be appreciated.
Thanks
Lawrence
Lawrence Serewicz
Information and Records Manager
Transformation and Partnerships
Durham County Council
County Hall
Room 143-148 4th Floor
Durham
County Durham
DH1 5UF
Direct 03000 268 038
Switchboard 03000 26 0000
www.durham.gov.uk
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 02 March 2018 12:16
To: [log in to unmask]
Subject: Re: DPA Section 1(4) / DP Bill Section 6
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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