Oh yes, Gary. Welcome to our world. No clear answer on these issues. We need the ECJ to step in and rule.....
Renzo Marchini
Special Counsel
Dechert LLP
+44 20 7184 7563 Direct
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Dooley, Gary
Sent: 19 June 2014 15:18
To: [log in to unmask]
Subject: Re: [data-protection] Data Controller or Data Processor??
I'm a newbie to this list and find it fascinating that opinions can vary, but saying that believe that Company B is the Data Processor ........
Gary Dooley
Information Security Specialist and Deputy Data Protection Officer, Cranfield University, Cranfield, Bedfordshire MK43 0AL
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From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Marchini, Renzo
Sent: 19 June 2014 15:14
To: [log in to unmask]<mailto:[log in to unmask]>
Subject: Re: [data-protection] Data Controller or Data Processor??
No. And to be honest (and with respect to colleagues who agree otherwise), I think that's where the present definitions lead. Company B is a processor simply because its School A that has the need to deal with lunches etc, and Company B wouldn't be processing data but for that need.
As long as Company B does not do anything with the data for its own purposes (eg trying to sell other services, etc.), then it will be a processor.
R
Renzo Marchini
Special Counsel
Dechert LLP
+44 20 7184 7563 Direct
From: Cotterill, Steve [mailto:[log in to unmask]]
Sent: 19 June 2014 15:10
To: Marchini, Renzo; [log in to unmask]<mailto:[log in to unmask]>
Subject: RE: [data-protection] Data Controller or Data Processor??
Whilst not answering this question I think in future it may be easier if we defined data processors 'as the beneficiaries' of the contract. What I mean by that is Company B wouldn't be collecting/controlling the data without having been awarded the contract and therefore in my simple future world view is they would be Processors and School A would be Controllers.
Too simple?
_____________________________________________________________________________________________________________________
Stephen Cotterill
Procurement & Technical Officer x3296
Broxtowe Borough Council
Resources Directorate
Council Offices, Foster Avenue,
Beeston, Nottingham, NG9 1AB
Tel: 0115 917 7777
Fax: 0115 917 3577
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