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Quite agree the legal status of the YOT's is most unclear. However the definition of 'data controller' is not. The question here has to be does a YOT determine the purpose for which and the manner in which personal data are, or are to be processed either alone or jointly with others. If so, they need to notify as they are a data controller. If the council determines the full use of the YOT data and the YOT does not have any control over that then the council is the data controller. Ian ----- Original Message ----- From: Roger Cook <[log in to unmask]> To: <[log in to unmask]>; <[log in to unmask]>; Edwina Withe <[log in to unmask]> Sent: Monday, August 21, 2000 8:39 AM Subject: Re[2]: To YOT or not to YOT > > Leeds, like every other L.A. has a YOT's team. Dealing with its Data > Protection issues is turning into a nightmare. It is simply not clear who > "owns" YOTS. Officially, it is the L.A. who is responsible but various > other legal issues tend to cloud this. Our Legal Services tell me there > is simply conflicting legal opinion on "ownership" and therefore on > responsibilities for DPA. At the moment, Leeds' data is considered to be > within the realms of the current Registration (note "registration") and > therefore it is presumed to be covered - probably. > > Does anybody have any better information about the legal ownership of > YOT's? > > The problem arises with data sharing - which is telling everybody what > they already know! The Police have a draft Code of Practice for YOT's and > the Police, of course, are bound by the Official Secrets Act. My worry is > the Probation Service whose staff are not well versed in the use of > computers and may not be as security conscious about personal data is I > would like. > > Apart from DPA considerations, anyone wrestling with YOT's also needs to > remember Codes of Practice for staff. I'm talking to West Yorks Police > about agreeing a joint CoP for information security in our YOT's. Might > take a bit of time this one. > > I'm also pressing the YOT's manager to adopt special keyboards for these > centres what have magnetic strip cards in them - just the same as in DSS > offices. The user has a card that activates the keyboard. Take the card > out and the keyboard is locked. That way, nobody can use your terminal > when you are away from the desk. Just an added precaution to meet the > needs of new Principle 7. > > Roger Cook > ______________________________ Reply Separator _________________________________ > Subject: Re: To YOT or not to YOT > Author: "Edwina Withe" <[log in to unmask]> at Internet > Date: 18/08/00 16:01 > > > Probably loads of us are ignorant about this! We have a YOT team but I didnt > know it had to have a separate notification. Thought Local Authorities only hd > to have one for electoral registration officer and one other to cover everything > else. whoops! > > > > > > ********************************************************************** > This email and any files transmitted with it are confidential and > intended solely for the use of the individual or entity to whom they > are addressed. If you have received this email in error please notify > the system manager. > > This footnote also confirms that this email message has been swept by > MIMEsweeper for the presence of computer viruses. > > ********************************************************************** > > > __________________________________________________________________________ > > Please ensure that any attachments to this E-Mail are checked for viruses. > __________________________________________________________________________ > > ________________________________________________________________________ > > The information in this email (and any attachment) may be for the > intended recipient only. If you know you are not the intended recipient, > please do not use or disclose the information in any way and please > delete this email (and any attachment) from your system. > ________________________________________________________________________ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%