I've always been of the opinion that volunteers can't be processors
because the one thing you must have with a processor is a contract, and
the one thing you mustn't have with a volunteer is a contract, because
then they stop being a volunteer.
I agree with going down the common law confidentiality line.
Best wishes,
Paul
Paul Ticher
22 Stoughton Drive North, Leicester LE5 5UB
0116 273 8191
On 26/02/2020 14:55, Palmer-Dunk, Dan wrote:
>
> I’d say they’re not processors and are performing their role as
> members of the organisation (data controller). They are, it would
> seem, steering the organisation and therefore deciding the ‘purpose
> and means’ of processing personal data.
>
> Even though they’re not processors, one of the safeguards in respect
> of security you could implement is a confidentiality agreement. This
> would also serve to set out the relationships and expectations for the
> avoidance of doubt.
>
> Dan
>
> *From:*This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] *On Behalf Of *Hilary Pook
> *Sent:* 26 February 2020 14:14
> *To:* [log in to unmask]
> *Subject:* [data-protection] Status of committee members
>
> This is a request about organisations that have committees as part of
> their governance structure, and the status of committee members.
>
> I’ve been doing a bit of DP training with some of our committee chairs
> and vice-chairs to stress the importance of keeping committee papers
> safe and deleting/destroying them when finished with, where the papers
> contain personal data. One of them has asked if they are data
> processors, and therefore should we be getting them to sign some sort
> of contract/data sharing agreement (they are not paid). My gut feeling
> is ‘no’ but I’m struggling to say why. As they are barristers I want
> to have a good answer!
>
> The Bar Council represents the Bar as a profession, so the committee
> members are all barristers (who have to pay a fee to us if they are
> practising barristers). Am I right in thinking they are acting as part
> of the organisation in their role as committee members, so aren’t
> processors?
>
> Any advice gratefully received.
>
> Hilary Pook
>
> DPO
>
> The Bar Council
>
> 020 7611 1298
>
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