We would see it the same, controller - processor.
I cannot see any obvious use by the supplier that would fall out of scope this relationship.
I've seen requests from suppliers to retain data to use in research and analysis, but that has all been based on anonymised data, so there isn't anything there that I would say relates to them being a controller in this case.
Are they using the data for other purposes? Are they also an OT provider?
--
Tony Sheppard
Head of Services
GDPR in Schools
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Darren Davies
Sent: 04 April 2019 15:02
To: [log in to unmask]
Subject: Re: [data-protection] Joint Controller or Separate Controllers?
Hi Claire
I would see this as a processor arrangement? the organisation asks the supplier to conduct the work, the supplier has no real control over the data and makes no real decisions. The supplier has no legal obligations under health and safety for the employee, they just deliver the initial wants of the organisation which is to provide a service and feed back. Interested in other views.
Regards
Darren
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Claire C
Sent: 04 April 2019 14:46
To: [log in to unmask]
Subject: [data-protection] Joint Controller or Separate Controllers?
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
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