Footnote to this - to explain why there are more joint Data Controllers.
This is an extract of an article I'm doing on the Internet and Data
Protection
Any analysis on data protection responsibilities based on the provisions of
the 1984 Act should be _re-visited_ as it is possible to come to different
conclusions as to the status of "persons" under the 1998 Act.
Under the 1984 Act, a Data User (the nearest 1984 Act equivalent of Data
Controller) was a person who controlled _contents and use_ of the personal
data. Thus if a person secured _read-only_ access to personal data (e.g. by
browsing), then that person could not be a Data User as that person would not
be in control the _content_ of the personal data so obtained. That person
would become a Data User only if they transferred the personal data to their
own control (e.g. copied the personal data on the screen into a file under
their control).
Under the 1998 Act, "obtaining" (or "browsing") are processing operations
and the person securing read-only access CAN be a Data Controller. In other
words, under the 1998 Act, a person accessing read only personal data, as
Data Controller, has to apply all the Data Protection Principles to the
processing of personal data, whereas under the 1984 Act that person would
have no obligations to the 1984 Act Principles.
Chris
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