Michelle,
From my research, you will need to decide on the specifics within the contract (or understanding) you have between the two data controllers. Depending on what is being done, this can be quite extensive. However, I would consider looking at the basic DC issues (beyond the DP work). What I mean is that most data controllers are really concerned with SAR, Security, and Privacy Notice. (I have simplified greatly but the main gist is that the other activity is more what a data processor does). By contrast, the data processor (side of being a data controller) means that you will need to decide who is handling the data, who is storing it, how is it being stored, who has access and when.
I use the DP term very loosely as a data controller (is in effect their own data processor) so you are trying to work out who does what as if you were describing the data processing process (sorry this is cumbersome to describe) to another organisation. A business processing map or flowchart would help you identify the key points that need to be covered by any agreement. In effect, you have to follow the flow of data between the two organisations, understand what the other organisations is going to do with it and what your organisation will do with it, and then agree who has what responsibilities within each flow.
It could be as simple as saying, if you get the request, you handle it your way, if we get the request, we handle it our way. However, organisations are rarely that uncomplicated.
I hope this helps.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Michelle Peel
Sent: 14 October 2013 15:27
To: [log in to unmask]
Subject: [data-protection] Data Processing where Data Controllers are "In Common"
Hi,
I'm hoping that the list can help provide some views on how processing by data controllers in common should be treated. I have read the guidance on identifying two controllers and processors from the ICO available at: http://www.ico.org.uk/~/media/documents/library/Data_Protection/Detailed_specialist_guides/data_controllers_and_data_processors.ashx
However, the guide talks about the responsibilities of two joint data controllers, but not what two data controllers in common must do. Am I right in assuming that data controllers in common must both deliver all the responsibilities of the Act i.e. both respond to DSARs, etc. or should you apply the same thinking as joint data controllers and decide who will do what?
In this not-entirely hypothetical situation Organisation A and Organisation B are both data controllers for personal data which is collected by Organisation B via Organisation As retail outlets, and then the data is used for a common purpose. Hence my decision that the organisations are data controllers "In Common".
Any thougts the list might have are welcome, and I fully expect that there will not be a consensus on this issue!
Best wishes,
Michelle Peel
Information Manager
Transport for Greater Manchester
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