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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