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Reading A29WP 2010 opinion on the concept of controller and processor can be helpful: https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2010/wp169_en.pdf

The thorny issue is whether “joint control” always entails joint and several liability. In the first example provided, I tend to believe ICO would take the position that liability should be joint and several (and ergo, both entities are co-controllers). 



Lydia F de la Torre

On Mar 11, 2019, at 8:46 AM, Tony Sheppard <[log in to unmask]> wrote:

Are they simply trying to say Controllers in Common doesn't exist anymore so stop trying to shoe horn Joint Controllers in there instead, and sort out your Data Sharing Agreements or procedures for dealing with ad-hoc data sharing?

A thought.
-- 
Tony Sheppard
Head of Services
GDPR in Schools


-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Bill Dunn
Sent: 11 March 2019 15:39
To: [log in to unmask]
Subject: Re: [data-protection] ICO Guidance - joint data controllers

Could it be that the ICO is talking about where the parties are using the information for their own purposes that they are controllers for the information that they make available to the other. However, to be a joint controller rather than just maintaining a joint data sharing system, they must have equal control over the processing including deletion of the information on the system.

For instance, could A amend, update or even delete the information from B by right? If not, I would have thought that this is a data sharing situation rather than joint controllers. Off the top of my head, I could only see joint controllers where the parties are acting for the same purpose as otherwise, it would just be data sharing. Doesn't mean that it is impossible - just that I can't think of one at present.

If A cannot amend or delete B's information, I think that they cannot be a controller for that information.

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