Hi All
Just to float an additional line of thought - where a Commissioner is statutorily expected to provide the care necessary for a particular customer, they are the Data Controller by dent of DPA 2018 Section 6(2) and its preservation of the effects of the 1998 Acts Section 1(4).
The wording of Art 4(8) is such that the commissioned Provider must unavoidably become a Processor - one that will usually be allowed enough free reign to employ it's own skills and judgement to deliver an appropriate service for the customer.
The two organisations would ostensibly look like fairly equal partners but for the fact that the Commissioner is effectively channelling customers to the Provider that - absent the Commissioner / Provider arrangement - the latter would not ordinarily encounter.
From that perspective, would the relationship not remain one between a Controller and a Processor (albeit an expert one)?
Regards,
Owen Thomas
Deputy Data Protection Officer
Data Protection Office
Strategy, Performance and Transformation Directorate
Sunderland City Council
0191 5611263
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