Jonathan Baines
Legal and Democratic Services
Buckinghamshire County
Council
01296
383681
Dear All,
I am trying to get my head around the following
scenario. The case involves sensitive personal information as defined by
Schedule 3.
Organisation A has an application form for its members and on
it there is a bullet point stating that they, the applicant, "gives their
permission to the Council to notify Organisation A of any future change of
address." The application form is then sent from Organisation A to the
Council. A year later, Organisation A returns and asks for an update
of addresses changes within the year based upon this consent form being
submitted.
My question is this, does that make the Council the data
processor for Organisation A? If not, what is the relationship? Is
there any obligation to comply with the permission requests? That the
Council is given permission does not require it. Also, that the permission
is given to Organisation A, does that bind the Council in any
way?
The application form does not have an opt in or out clause so
that the applicant cannot choose not to have the Organisation A be made aware of
address changes. As this involves sensitive personal information, would such a
consent form satisfy the requirement for informed consent freely given? I
have my doubts, but at the same time, is that something for the Council to be
concerned with or is it for the Organisation A to resolve?
I cannot get my head around the fact that the Council has to
update organisation A about its own members and their whereabouts? Would this
have to be covered by the privacy notice or FPN that the Council would have for
its employees so that those covered by this issue would be aware that the
Council would update in this way?
Any advice on or off the list would be appreciate as I a
tying myself in knots trying to unravel the data controller from the data
processor and whether an information sharing agreement may resolve this or
what.
Thanks
Lawrence
Principal Information Management Officer
Durham County Council
Room
4/140
County
Hall
County Durham
DH1 5UF
0191-372-8371
VPN 7777 8371
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
Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]
Any queries about sending or receiving messages please send to the list owner [log in to unmask]
(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)
Buckinghamshire County Council
Visit our Web Site : http://www.buckscc.gov.uk
Buckinghamshire County Council Email Disclaimer
Have your say on the County Councils Budget Consultations - http://www.buckscc.gov.uk/budget
This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author or [log in to unmask] immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Buckinghamshire County Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail. All GCSx traffic may be subject to recording and / or monitoring in accordance with relevant legislation.
The views expressed in this email are not necessarily those of Buckinghamshire County Council unless explicitly stated.
This footnote also confirms that this email has been swept for content and for the presence of computer viruses.