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DATA-PROTECTION  May 2009

DATA-PROTECTION May 2009

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Subject:

Re: notification

From:

"Bradshaw, Phillip" <[log in to unmask]>

Reply-To:

Bradshaw, Phillip

Date:

Wed, 20 May 2009 16:00:30 +0100

Content-Type:

text/plain

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You need to carefully consider the 'legal entity' issue. As an education authority we of course have responsibility for schools. But they are clearly separate legal entities capable of being sued in their own right through the courts and entering into contracts. They are accordingly and necessarily registered separately with ICO as data controllers.



Equally we run some nurseries / crèches which do not have that status and are simply a part of "the Council". They are not registered with ICO but their activities are included in our wider registration.



A good rule of thumb is therefore to look at the contract issue. If any of these schools sign contracts in their own name they probably need to be registered. 





Phil Bradshaw







-----Original Message-----

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Dominic Newton

Sent: 20 May 2009 15:43

To: [log in to unmask]

Subject: [data-protection] notification



Hi everyone

i've just had a strange conversation with the ICO.  We are a large organisation that already has several entries on the register covering the different legal entities that make up the organisation.  However, we also run several schools, pre-schools and nurseries, although they are not maintained schools and are part of one of the aforementioned legal entities.  

My understanding was that they would fall under our main notifications, however the notifications helpline have mooted the possibility that - as i'm aware local authorities do - we may need to register each school and similar establishment seperately. 

Has anybody come across the before?  We are voluntary not public sector.

Thanks



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