It's in the ICO data processor guidance (or at least the pre-GDPR version).
I would agree with others that the relationship is controller-controller.
Claire Miller
Information Governance Manager & Data Protection Officer
Legal and Governance
University of Central Lancashire
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-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Taylor Joelle (CEX)
Sent: 13 February 2019 12:31
To: [log in to unmask]
Subject: Re: [data-protection] Controller or processor
I would say 2 separate Controllers, I forget where I have read that as you engaging someone for their specific expertise then they are a separate controller. It gave the example of solicitors, accountants etc.
Kind Regards
Jo
Joelle Taylor
Information Management Officer
Business Change and Information Solutions (BCIS) Resources Portfolio, Sheffield City Council
Email: [log in to unmask]
Postal Address: Sheffield City Council, PO Box 1283, Sheffield S1 1UJ -----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 13 February 2019 09:03
To: [log in to unmask]
Subject: Re: [data-protection] Controller or processor
As with the others this is in my view clearly controller - controller. Within the relationship there is a broad discretion under Art 26 as to how responsibilities are allocated.
Having sad that as a barrister (or indeed any professional controller) I would not accept the sort of absolute control you seek. I can see that causing conflicts with professional responsibilities (e.g. if there is a formal complaint against the barrister) You also have to factor in Art 26(3).
Usual approach would be to do due diligence then provide for referral and co-operation and require all parties to fully comply with their legal ethical and professional obligations as a controller
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