I agree with a scenario such as employing a barrister who will take your data and use it for a case, this would definitely be a controller-controller.
I made the bold assumption that the OP was employing a company to undertake the DSE assessments.
Regards
Darren
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Speirs, Seth
Sent: 04 April 2019 16:08
To: [log in to unmask]
Subject: Re: [data-protection] Joint Controller or Separate Controllers?
I would have to partially support Phil here. He's right that where you are seeking someone's professional judgement you are getting into controller territory and if you want to retain some control over the data then you really have to go down the road of a joint controller relationship.
That said if you are employing a company rather than an individual contractor then the argument that they are a processor acting on your instructions are a little stronger.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 04 April 2019 15:55
To: [log in to unmask]
Subject: Re: [data-protection] Joint Controller or Separate Controllers?
I disagree with the two previous comments.
I would categorise this as controller - controller. In general when someone is providing a professional service and exercising judgement that is controller activity. Is it really different in principle from e.g. a GP getting a report from a cardiologist - yes I know there are differences as a workspace assessment is more specifically defined.
If I was such a supplier, at risk of being sued by someone who suffered injury if my assessment was alleged to be negligent, I certainly would not want to regard myself as a processor, when the customer could on a whim insist I destroy all my records. I wouldn't be happy. My insurer would be less happy ...
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
The information contained in this e-mail is confidential and is intended for the named recipient(s) only. If you have received this email in error please notify its originator and delete this email immediately. Unauthorised use, disclosure, copying or alteration of this message is strictly forbidden. Views expressed within this email are those of the individual and not necessarily those of Harrow Council.
Harrow Council monitors all electronic mail it receives for Policy compliance and to protect its systems including anti-spam and anti-virus measures. Electronic mail does not guarantee delivery or notification of non-delivery. Contact the intended recipient(s) by other means should confirmation of receipt be important. All traffic may be subject to recording and/or monitoring in accordance with relevant legislation.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|