I was just puzzling over that.

 

I wondered if the ICO’s use of the term ‘DCs in common’ is meant to read ‘joint controllers’, but in any case the next sentence just doesn’t make any sense.

 

Thanks for sharing, Mark.

 

Dan

 

 

 

‘the data controller will be DCs in common’ ???

 

‘it is unlikely the Boards will require separate registrations as they would be covered by their own registrations’ ???

 

Can someone help me as I’m losing the will to live. If anyone sees any nice jobs going working with cats, and no data protection issues, please let me know.

 

Lynn

 

 

Morning all,

 

Just a quick follow up to my question about whether Safeguarding Boards should be registered as Data Controllers. 

 

I asked the question on the back of an FOI and ICO intervention.  There are sources that confirm that Safeguarding Boards are not subject to FOI (listed below), hence my question.  At the time, approx. 30 Boards were registered with the ICO, so it wasn’t clear to me what the position was.  I got a number of replies, which confirmed the uncertainty, and asked the ICO for their opinion.  The ICO responded, text below, which confirmed the position isn’t straight-forward and the Board can make the decision for themselves. 

 

Although the current position about registration remains debatable, the position about FOI might change.  The Report of the Information Commissioner to Parliament, 2019, titled ‘Outsourcing Oversight? The case for reforming access to information law’, seeks to extend the FOIA to organisations that carry out services for or on behalf of public authorities, and pages 54 and 83 refer to Safeguarding Boards.

 

Finally, thank you to all the people that replied to my question.  I have recommended to our Sheffield Children’s Safeguarding Board (or to be Partnership) to register as a data controller, but as it is their decision they may decide not to.

 

ICO Opinion given to Sheffield City Council, April 2019

 

"Registration requirements for Local Safeguarding Boards is not straight forward and it is up to each Board to determine whether they are a data controller.  We would not be able to provide a definitive answer as each Board is set up differently.  We have a number of registrations from Local Safeguarding Boards who have determined they are data controllers in their own right and therefore they are required to pay the data protection registration fee.  There are others who have determined the Local Authority is the data controller of the personal data they process and they are therefore covered by their registration.
 
It is our understanding there will be a change in the law later this year at which point it is possible the data controller will be DCs in common.  This change would mean it is unlikely the Boards will require separate registrations as they would be covered by their own registrations, however until the change in law occurs our advice would be registration is required for those boards which are data controllers."
 
Sources re. Safeguarding Boards

 

General Introduction and data protection - http://igwales.com/?p=45.

Boards and FOI - https://www.whatdotheyknow.com/body/list/lscb

Decision Notice - https://ico.org.uk/media/action-weve-taken/decision-notices/2016/1624760/fs_50611001.pdf

 

 

 

 

 

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