Hi All
Not 100% convinced by the findings that have gone before.
In essence, The Children Act 2004 places a responsibility on local authorities - no-one else - to establish LSCBs. Section 1(4) of the DPA has something to say about who's the data controller in such a situation - looks to me that the LA is the data controller.
As the data controller also happens to be a public authority for FOI purposes, the Board's records fall under the remit of that legislation too (to the extent provided for once the exemptions etc are taken into account).
Of course, individual partner organisation members will also be data controllers in their own rights (with the exception perhaps of the individuals required by S13(5A) of the 2004 Act) and so will have full DPA responsibilities with regard to the personal data in the copy LSCB reports, correspondence, data etc they receive. Those that are FOI Public Authorities will be similarly 'captured'.
Regards,
Owen
O Thomas
Information Governance Officer
Law & Governance
Commercial & Corporate Services Directorate
Sunderland City Council
0191 5611263
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