Hello all,
If an organisation procures a supplier to deliver workstation (DSE) assessments for the organisation's employees, is the supplier acting as a Joint Controller or as a separate Controller?
I can think of reasons for both situations, so can't seem to make a final call.
Joint Controllers - Reasoning:
Both employer and DSE assessor are pursuing a joint purpose of assessing employee's workstation and impact on health to provide recommendations for suitable workstation equipment. In respect of this processing operation they are jointly determining the purpose and are Joint Controllers.
Separate Controllers - Reasoning:
The employer will have its own set of legal/regulatory obligations in relation to the H&S of the employee & DSE assessor likely to have own legal/regulatory obligations to adhere to
Whilst the employer has determined the purpose of the processing, the DSE assessor determines what information to obtain from the employee in order to make its assessment (exercises control over the content of the personal data and special categories of data)
The DSE assessor is exercising their own professional judgement / providing specialist assistance
Any thoughts?
Many thanks for your help,
Claire
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|