Trish,
This is a real surprise to me!!!!!!!!!
My understanding is that all schools are data controllers in their own
right. This would seem to bourne out by all the ICO guidance aimed at
schools. I would be interested in hearing from any local authority who
include schools in their own notification. If there are any out there, do
you handle subject access requests for records held by schools? Will your
council be responsible for any monetary penalty notice issued by the ICO
for a school failing to comply with the Act?
Many Thanks
David Wilson
Data Protection Officer
01305 225175
"Bailey, Trish" <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>
10/12/2010 08:50
Please respond to
"Bailey, Trish" <[log in to unmask]>
To
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Subject
Re: [data-protection] Is an independent standards committee a data
controller?
Hi
My example may shed some light ( I hope anyway). If you process personal
data you must irrelevant of legal entity and/or individual you must
register as a DC, however, you need to agreed who is the DC. For
example:-
In Telford, all schools are what as know as ?independent? of the council
and this distinction means that each school is responsible for registering
as a DC separately as the council register does not cover them.
This is not the case all over the UK, other councils set up is schools in
their borough are not independent of the council (in structure terms) and
therefore the council this definition leads to the decision that the
council ensures their DC register covers ?their schools? processing.
The question first and foremost is do we want to be a ?combined? DC or are
we (for whatever reason) leave each of the NHS orgs that have merged as DC
in their own right as they were before the merge. This is an internal
decision. Personally from a cost and other perspectives it would make
sense to combine all the registers (so to speak) and update the ICO with
one for all only.
Just my personal opinion, hope the above helps towards a clarification ?
if not I apologise.
Many thanks
Trish
Trish-louise Bailey
Audit & Assurance (Information Governance)
(IG covers: Data Protection & Privacy, FOI, Information Security,
Information Sharing & Confidentiality, Information & Records Management,
Information Quality & Assurance)
Telford & Wrekin Council
Civic Offices
Coach Central
Telford
TF3 4HD
www.telford.gov.uk
em: [log in to unmask] or [log in to unmask]
tel: 01952 382537
mb: 07528 969455
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Marchini, Renzo
Sent: 09 December 2010 16:25
To: [log in to unmask]
Subject: Re: Is an independent standards committee a data controller?
Absolutely correct.
R
Renzo Marchini
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
[log in to unmask]
www.dechert.com
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ray Cooke
Sent: 09 December 2010 16:19
To: [log in to unmask]
Subject: Re: [data-protection] Is an independent standards committee a
data controller?
Definition of data controller in 1 (1) is a "person", and I've understood
this to be both an ordinary person and a person/organisation as a legal
entity or not a legal entity. There must be many organisations around
which are not necessarily a "legal entity" but which are nonetheless data
controllers.
Ray Cooke
Information Compliance Officer
Oxford Brookes University
Directorate of Learning Resources
Headington Campus
Gipsy Lane
Oxford, OX3 0BP
tel: +44 (0)1865 484354
fax: +44 (0)1865 483330
www.brookes.ac.uk
On 9 December 2010 16:08, Bradshaw, Phillip <[log in to unmask]>
wrote:
"Why would a data controller need to be a legal entity? "
Notification is a legal obligation - failure to do which can be an
offence. Only a legal entity can commit an offence.
Look at it the other way - if not a LE then they do not need to worry as
there can be no sanction for non-registration !
Phillip Bradshaw
Information Manager
Democratic Services
Room CY4A, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Fax: 029 2087 3349
"If councillors and council officers are to be held to account, the
press and public need access to the information that will enable them to
do it. If town halls want to reduce the amount they spend on responding
to freedom of information requests they should consider making the
information freely available in the first place."
Eric Pickles, Secretary of State for Communities and Local Government
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