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I am now at a loss because the discussion now seems to be indicating that the standards committee could be a data controller. 

 

I am going with the view that the standards committee (although called independent) is still a creature of the Council and is therefore NOT a data controller because the Council IS the data controller.

 

Is this correct?

 

Best,

 

Lawrence

 

Principal Information Management Officer

Durham County Council

Room 4/140

County Hall

County Durham

DH1 5UF

 

0191-372-8371

 

 

 

 

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Marchini, Renzo
Sent: 09 December 2010 16:25
To: [log in to unmask]
Subject: Re: [data-protection] Is an independent standards committee a data controller?

 

Absolutely correct.

R

 

Renzo Marchini
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
[log in to unmask]
www.dechert.com

 

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ray Cooke
Sent: 09 December 2010 16:19
To: [log in to unmask]
Subject: Re: [data-protection] Is an independent standards committee a data controller?

Definition of data controller in 1 (1) is a "person", and I've understood this to be both an ordinary person and a person/organisation as a legal entity or not a legal entity.  There must be many organisations around which are not necessarily a "legal entity" but which are nonetheless data controllers.

Ray Cooke
Information Compliance Officer
Oxford Brookes University
Directorate of Learning Resources
Headington Campus
Gipsy Lane
Oxford, OX3 0BP

tel: +44 (0)1865 484354
fax: +44 (0)1865 483330

www.brookes.ac.uk

On 9 December 2010 16:08, Bradshaw, Phillip <[log in to unmask]> wrote:

 "Why would a data controller need to be a legal entity? "

Notification is a legal obligation - failure to do which can be an
offence. Only a legal entity can commit an offence.

Look at it the other way - if not a LE then they do not need to worry as
there can be no sanction for non-registration !




Phillip Bradshaw

Information Manager
Democratic Services

Room CY4A, County Hall

EMail: [log in to unmask]

Phone:         029 2087 3346
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"If councillors and council officers are to be held to account, the
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to freedom of information requests they should consider making the
information freely available in the first place."
Eric Pickles, Secretary of State for Communities and Local Government



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