Thanks Paul. Isn't it a case that they shouldn't be using the payroll
data for any other purpose than pay staff?
Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria LA14 2LD
Tel: 01229 876452
Fax: 01229 876515
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 09 December 2011 15:00
To: [log in to unmask]
Subject: Re: [data-protection] Who is the Data Controller?
I agree, and just to add:
* The originator of the payroll data cannot escape their
responsibilities
to (a) pay their staff the correct amount, (b) have a compliant contract
with the Data Processor and (c) be liable for any errors that the Data
Processor makes or breaches of Data Protection that they cause.
* If the Data Processor also uses the data in their own right then
they
are both a Data Processor and a Data Controller. As a Data Controller
they
assume responsibility for all the uses they put the data to on their own
account.
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Simon Howarth" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, December 09, 2011 2:24 PM
Subject: Re: Who is the Data Controller?
> Ordinarily you would be right. However, it depends on what the
contract
> stipulates.
>
> A date processor processes information "on behalf of" a data
controller.
> So
> long as the contract is to process the information in order to provide
a
> payroll service and nothing is given or implied that they can
determine
> other uses for the data, then they are a processor.
>
> Simon Howarth.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Jane Holden
> Sent: 09 December 2011 14:02
> To: [log in to unmask]
> Subject: [data-protection] Who is the Data Controller?
>
> If a companies Payroll Service is undertaken by a contractor who is
the
> Data Controller?
>
> It was my understanding that the Data Controller was the company and
the
> contractor was the data processor?
>
> Jane Holden
> Corporate Services Officer
> Legal Services
> Barrow-in-Furness Borough Council
> Town Hall, Duke Street
> Barrow-in-Furness
> Cumbria LA14 2LD
> Tel: 01229 876452
> Fax: 01229 876515
>
>
>
>
> Barrow Borough Council - Enhancing the economic and social future
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