Victoria,

The resulting situation will be what your two organisations make it,
provided the situation fits the purpose the data is processed for and what
the data subjects have been told.  The form of the agreement should ideally
outline those matters whilst documenting and clarifying the detail.

Ian W

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Victoria Avery
Sent: 18 July 2003 12:19
To: [log in to unmask]
Subject: FW: [data-protection] Data controllers & data processors


Hi everyone

Many thanks to all those who've responded to my original query. We haven't
had a Friday debate for a while now and I think it's high time we did so
here it goes...

I've received two conflicting pieces of advice (hence my original dilemma):

Advice 1:

As we are joint data controllers, we are jointly controlling the processing.
Therefore, we can pass data between ourselves without having to seek further
consent from individuals for the purposes of updating our records.

Advice 2:

Consent would be required from individuals in order for us to accept data
back to update our records.

So, who's right?!






-----Original Message-----
From: Victoria Avery [mailto:[log in to unmask]]
Sent: 18 July 2003 11:38
To: [log in to unmask]
Subject: [data-protection] Data controllers & data processors


Dear All,

We are looking to undertake the services of a company and wish to pass
personal information about our staff on to them for their processing.  As
they will make decisions and will be fully responsible for the service
(we'll have no say) they are the DATA CONTROLLERS and not processors.  A
contract has been signed and staff have consented and are aware.

As they will be in control of the information, they will also update the
information.  Which is fine.  However, can they then pass this information
back to us so that we can update our systems in turn?

I hope this makes sense.  Your help would be much appreciated.

Victoria Avery
Information Access Team


If you would like to find out more about information access then please
visit: www.london-fire.gov.uk/foi or internally at
http://hotwire/management/info_access/content.htm







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