On Fri, 16 Nov 2007 11:08:49 +0000, Tim Trent
<[log in to unmask]> wrote:
>
>I'm hoping for comments on my position as follows:
>
> 1. Talk Talk is the Data Controller and is responsible for Cobra as
> its data processor, whether Talk Talk has any knowledge of the
> data sets that Cobra is using or not and whether Talk Talk is
> granted access by Cobra to the data that Cobra is using
> 2. Serving a notice on Talk Talk (as DC) is the correct action since
> Cobra acts as DC in this case
> 3. Requiring Talk Talk to provide me with the source of my data
> record requires Cobra, via Talk Talk to provide me with the source
> of my data record.
>
Tim
You do seem to be getting these at the moment. On these questions though,
my views are:
1. Not necessarily. You say that Cobra is a subcontractor, but their
contract with TT may not constitute a Data Processing Agreement. They may
just have a contract to find customers and pass them on to TT. If there is
not an explicit stipulation about how they process data up to the point
where they send it to TT, then they will be DCs in their own right.
If TT don't know what data Cobra is accessing and using, then I would say
that they cannot possibly be Data Controllers for that data, as the DC is
the person who decides the manner in which data is processed. Deciding what
data to collect and how would make Cobra the DCs
2&3. If TT don't have a DP Agreement with Cobra then you can't enforce your
rights under the Act through them - although I would hope that they should
be very interested to know whether their subcontractor is acting lawfully
and appropriately in this matter.
Regards
Simon
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