That's interesting as I have been assuming a rule of thumb in that if an organisation wants a processing activity to take place then they must be the Controller and in a position to mandate a Processor to do certain things (good security, prompt and effective destruction etc). I can also see why a processor might want to retain evidence of the carrying out of their professional duties to the extent that some of that information may be PD.
Are we looking at a scenario where PD held in the same place by the same organisation may belong to two controllers contextually? We have this with funding contracts and yes, I think it might mean B is both controller and processor for the same data. If I was A I'd put processor obligations on them anyway for the context in which the data belongs to A. B can worry about the context in which it belongs to B.
Bests
Suzy
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Phil Bradshaw
Sent: 22 June 2018 17:00
To: [log in to unmask]
Subject: Re: [data-protection] Friday Question
To Suzy's question - in both cases the work is only done if company A asks as company B has no knowledge of the subject.
To Tony's question - the work being done is stipulated to be controller work. It comes within the category where whoever does it has professional and regulatory obligations - ICO guidance para 45 "Where specialist service providers are processing data in accordance with their own professional obligations they will always be acting as the data controller". For sake of argument assume C is a solicitor.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
________________________________
"Please remember to switch off all lights, computers, monitors, printers and other non-essential electrical equipment"
[https://ict.newdur.ac.uk/Marketing_Images/mainimage.jpg]<http://www.newcollegedurham.ac.uk/news-events/prospective-parents-evening/>
[https://ict.newdur.ac.uk/Marketing_Images/facebook_logo_black.jpg]<https://www.facebook.com/NewCollegeDurham> [https://ict.newdur.ac.uk/Marketing_Images/LinkedIn_black.jpg] <http://www.linkedin.com/company/new-college-durham> [https://ict.newdur.ac.uk/Marketing_Images/flickr.jpg] <http://www.flickr.com/photos/97010507@N02/sets> [https://ict.newdur.ac.uk/Marketing_Images/twitter_logo_black.jpg] <https://twitter.com/ncdofficial>
New College Durham, Framwellgate Moor Campus, Durham DH1 5ES
________________________________
This message is sent in confidence to the addressee only. It may contain confidential or sensitive information. The contents are not to be disclosed to anyone other than the addressee. Unauthorised recipients are requested to preserve this confidentiality and to advise us of any errors in transmission.
________________________________
"PLEASE DO NOT PRINT THIS EMAIL UNLESS STRICTLY NECESSARY"
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|