I think in this case the PPS is in effect the customer as we are engaging the barrister to prosecute cases on our behalf.
-----Original Message-----
From: Steve Forecast [mailto:[log in to unmask]]
Sent: 14 February 2019 08:23
To: Speirs, Seth <[log in to unmask]>; [log in to unmask]
Subject: RE: [data-protection] Controller or processor
I'm going to ask what might seem to be a question that should have been asked ages ago.
But, if it is controller-controller does that mean that the subject signs a processing agreement with each individually? So in case the 'customer' would sign an agreement with the PPS and with the Barrister?
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Speirs, Seth
Sent: 13 February 2019 16:09
To: [log in to unmask]
Subject: Re: [data-protection] Controller or processor
Thanks everyone. There's some useful food for thought here. At least it's clear they can't really be data processors.
I think I have to characterise it as a joint controller relationship otherwise we can't really have any control over how long they retain data or what they do with it subsequently.
Seth
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Claire E Miller
Sent: 13 February 2019 16:04
To: [log in to unmask]
Subject: Re: [data-protection] Controller or processor
ICO monetary penalty has the barrister in this case as a data controller:
https://ico.org.uk/media/action-weve-taken/mpns/2013678/mpn-data-breach-barrister-20170316.pdf
Claire Miller
Information Governance Manager & Data Protection Officer Legal and Governance University of Central Lancashire
Confidentiality: This email, its contents and any attachments are intended only for the above named. As the email may contain personal data, confidential or legally privileged information, if you are not the above named or the person responsible for delivery of the message to the above named or suspect that you are not the intended recipient, please delete or securely destroy any copies of the message and any attachments immediately and inform the sender of the error.
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Bill Dunn
Sent: 13 February 2019 15:56
To: [log in to unmask]
Subject: Re: [data-protection] Controller or processor
I would suspect (but don't know) that the instructions do not relate to what exactly the barrister's file should contain, with no discretion to the barrister. So far as I understand things, it is control over the personal data from creation to disposal that would make the barrister, based upon his professional knowledge and working practice, a controller in his own right.
Bill
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