To much clarity of questioning can compromise research by providing 
preconceived answers.

However thinking further, I did explain the situation slightly 
inaccurately.

Data Controller (o) collects data for a very specific purpose tightly 
constrained by legislation.
Data Controller (p) (registered for multiple purposes) collects data 
for a number of specific and legislated for purposes.
Data Controller (d) (registered for multiple purposes) collects data 
for a very specific purpose and legislated for purpose.

(p) upon contact from a data subject, and noticing some mismatched 
data between their (p's) collected data and (d's) collected data, 
writes to (o) requesting them to recollect that same set of data from 
the data subject (using (o's) mandatory legislated powers and 
statements) and to (d) for other actions. Data controller (d) who is 
the main data controller for the mismatched data is hence able, if 
certain things happen, to prosecute the data subject under their (d's) 
powers for a legal offence not connected with (o), by using (o's) data 
and collection statements as evidence. Neither (p) nor (o) form part or 
are party to that prosecution process and neither are able to collect 
that data in the way or with the  legal wording and statements that (o) 
is empowered to do.  

The collection of that data at that time by (o) would not normally 
happen as it is specifically being carried out for the evidential 
purposes of (d) triggered by (p's) request. (o's) primary purpose would 
determine it may be collected again at another more appropriate time.

Neither (p) nor (o) would prosecute for (d's) offence(s), or 
legitimately under other legislation collect data for (o's) purpose, 
with (o) being particularly tightly constrained in the legal collection 
and use of their data.

I am fairly certain (although I have not checked thoroughly, being an 
irrelevence for my research) that non of the legal exemptions could be 
applied.

Data sharing and joined up government is not the issue I am 
considering; Also, ignoring the obvious questions and legal anomolies 
created within other legislation and the legal and political processes, 
__ at which stage would a joint data controller issue apply.__

A) at the point the original agreement between data controllers (p) 
and (o) was formed allowing (p) to determine the time of collection to 
coincide with the needs of (d's) purpose;
B) at the point of each specific written request;
C) at the point where they further processed the particular data so 
collected. ((p) reqularly obtains and uses (o's) data for registered 
purposes although the collection at the time of the correspondence 
would be of no immediate use, and possibly never be of use to them.
D) never?



Ian W



> -----Original Message-----
> From: This list is for those interested in Data Protection 
> issues [mailto:[log in to unmask]] On Behalf Of 
> Marchini, Renzo
> Sent: 02 November 2009 10:32
> To: [log in to unmask]
> Subject: Re: [data-protection] Joint data controller enquiry
> 
> 
> I'd say never if (o) only collects data for (p) and for (p)'s 
> purpose. But your question C) suggests that (o) might also do 
> something with the data.  If that is right, then as soon as 
> (o) determines a purpose for which it is processing data (and 
> it must have control of that data) it is a data controller of 
> that data.  Point A can't be relevant at all and nor B) (at 
> least in relation to something not yet collected - as data is 
> not yet being "processed")
> 
> Renzo 
> 
> 
> Renzo Marchini 
> Dechert LLP 
> +44 (0) 20 7184 7563 direct
> +44 (0) 20 7184 7001 fax 
> [log in to unmask]
> www.dechert.com
> 
> -----Original Message-----
> From: This list is for those interested in Data Protection 
> issues [mailto:[log in to unmask]] On Behalf Of 
> [log in to unmask]
> Sent: 02 November 2009 10:27
> To: [log in to unmask]
> Subject: [data-protection] Joint data controller enquiry
> 
> Enquiry.
> 
> If a data controller (p) requests another data controller (o) to 
> collect a given set of data for the purposes of (p), and (o) 
> by pre- arranged agreement complies, would data controller 
> (p) become a joint 
> data controller:-
> 
> A) at the point the original agreement was formed;
> B) at the point of each specific written request;
> C) at the point where they further processed the particular data so 
> collected;
> D) never?
> 
> Ian W
> 
> 
> 
> 
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