How would you characterise the following relationship.
* PPS engages barristers to carry out prosecutorial work in the courts.
* This is not done on a contractual basis but on the basis of a panel from whom barristers are selected to take particular cases.
* Barristers are obviously provided with personal data on cases by PPS in order to carry out their work. Once engaged it is up to the barrister for the most part to determine how to prosecute the case
* We have "terms of engagement" which set out the conditions under which they operate and this includes the relationship between the PPS and barristers in relation to data protection. For example it sets out that barristers are not to answer subject access requests or FOI requests.
My initial thoughts were that that this is a joint controller relationship as the barristers are not entirely under our control and are free to a certain extent to conduct the cases. However I am more leaning towards a controller processor scenario as when it all comes down to it we tell them what they can and cannot do with the personal data. That of course presents the difficulty of there not being a contract in place but equally the option of an MOU is not really available either.
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