I think you are right on this one - this is a controller to controller relationship rather than a controller - processor relationship.
Everyone here has been getting hot under the collar about this and the need to put in place contracts for all relationships where data is provided to another organisation quoting Article 28 GDPR. As far as I can see Article 28 only requires a contract in a controller-processor relationship. That's not to say putting some sort of agreement in place is not a good idea.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 04 October 2018 12:05
To: [log in to unmask]
Subject: [data-protection] Reality Check
The National Clinical Homecare Association has issued some guidance on "Impact of the General Data Protection Regulation in Clinical and Medicines Homecare Services".
I was struck by one proposition it made, having rightly in my view determined that in providing care, the provider is a controller and not simply a processor for the commissioner: "At the point of referral, the clinical referral centre is the controller and the homecare provider is a data processor. The homecare provider remains data processor on behalf of the clinical referring centre until the patient is registered with the homecare provider."
Is that right? The provider is certainly a 'recipient' but to say that in this context they are a processor i.e. processing data "on behalf of" the referrer just looks wrong. It would have major implications across many activities and sectors.
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