Hi All
"Is the crucial issue not going to be whether the ALEO uses its professional expertise as a separate entity in deciding what it does with personal data and, in particular, how it does it?"
In a situation where two normally separate DCs each have their own particular interests (which may, or may not overlap) in a shared Data Subject base - maybe. But in a case like this one, I don't think so.
In any situation where a Data Controller outsources their data processing to an external organisation, the crux question is "Would this ALEO be processing this data if they hadn't been given the contract?" as - irrespective of how much their expertise and insight are part of the service - if they're processing under a contract, aren't they processing "...the personal data only on documented instructions from the controller" as per Article 28?
If, in practice, this new ALMO would potentially need to compete with other providers if / when the contract came up for renewal the Controller - Processor relationship starts to look more nailed-on to me.
Regards,
Owen Thomas
Deputy Data Protection Officer
Data Protection Office
People, Communications and Partnerships
Sunderland City Council
0191 5611263
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