Yes, I'd agree with that, Phil.
Reductio ad absurdum: the supplier arguments below would make Microsoft a controller in some part for any personal data entered into an Excel spreadsheet. Particularly if it's on Office365, and you therefore have to sign in to access it.
Regards,
Peter
Peter Dinsdale
Data Protection Consultant
Perfect Image /
T: 0191 238 0111
www.perfect-image.co.uk
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-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Phil Bradshaw
Sent: 10 August 2018 11:21
To: [log in to unmask]
Subject: Re: [data-protection] Friday question - logon details...
I agree with Peter and Charlene.
However in not dissimilar situations I have been faced with suppliers who are adamant, even before the Facebook fan page judgement, that they are it least in part, but not for all purposes (see Art 26(1) ) a controller.
Argument along the lines:
Supplier is likely to be categorised as a controller along with client at least in some elements of the application The rationale for this view is based on the following:
a.supplier has developed the application in particular choosing how the app operates in relation to collection and processing of [login] personal data;
b.Supplier therefore exercises a material degree of control over deciding what personal data is collected ; and
c.Supplier has autonomy in relation to the manner in which such personal data is collected and processed through the app, how long such data is stored for, who generally has access to it and how that data is presented.
d. So while supplier could argued to be merely providing a tool, supplier independently determined how the data collection takes place and is taking a more active role than simply following the instructions of client.
My view = all irrelevant. Client free CHOICE to procure and use that tool breaks any such link.
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