Paul,

You might want to consider if the volunteer has a “contract” with the organisation.  If they do, then they would be an agent. However, even if they do not have a “contract” there may still be a vicarious liability for their behaviour especially regarding the handling of personal and sensitive personal information given that the organisation has designated the volunteer, if only by association and direction, to be their agent.

 

For reference look at this Mondaq article which gives a general discussion of the legal status of volunteers (at least regarding the issue of a contract.)

http://www.mondaq.com/x/219436/employment+litigation+tribunals/Help+Or+Hindrance+Can+Charity+Volunteers+Bring+Discrimination+Claims

For more on vicarious liability check out this article.

http://legal-dictionary.thefreedictionary.com/Vicarious+Liability

 

I hope this helps.

 

Best,

 

Lawrence

 

 

 

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 26 February 2013 11:16
To: [log in to unmask]
Subject: [data-protection] What is an "agent" of an organisation?

 

Could any of the legal eagles on this list possibly clarify what, in legal terms, makes someone an "agent" of an organisation?

 

I am thinking particularly of volunteers who, in many voluntary organisations and increasingly in public authority settings such as libraries and hospitals, often carry out roles that have significant responsibilities for handling Personal Data.

 

I have always assumed that an organisation that entrusts Personal Data to a volunteer carries the can for anything that the volunteer does, but I'm unclear of the legal basis for this.

 

Employees are explicitly not Data Processors, as defined in s.1 of the Act, but volunteers cannot be Data Processors either, as there cannot be a contract between the volunteer and the organisation for fear of turning them into employees.

 

So are volunteers an "agent" of the organisation?  And if so, what has to be true for them to be an agent?  Are employees also agents of their employer?

 

Or have I got it completely wrong?

 

 

Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB

 

For continuous priority support on Data Protection, sign up to my support service:
www.paulticher.com/data-protection-services

 

 

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