On Owen's point even if s6(2) DPA 18 had that effect I do not think this makes the provider a processor at any stage - the minute they receive the data they are processing the data for their own purpose, although I understand "the" controller implies only 1.
However I do not think s6(2) applies at all here. It is very different from the old s1(4) which could produce absurd results. Specifically none of the duties which enable the commissioner fall within s6(2)(b) which was absent from the 1998 Act
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