That's brilliant - thanks for sharing this Peter.
KR
Heléna Ashton AMBCS |Information Governance Manager – Connecting Care
NHS South, Central and West Commissioning Support Unit
Fifth Floor – South Plaza, Marlborough Street, Bristol, BS1 3NX,
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Peter Dinsdale
Sent: 03 July 2018 13:27
To: [log in to unmask]
Subject: Re: [data-protection] As basic as it gets
Hi Phil,
This is something I was wondering about a couple of months ago, but the ICO's guidance wasn't exactly definitive on the matter (and has now vanished from its website).
However this handbook - http://fra.europa.eu/en/publication/2018/handbook-european-data-protection-law - states that:
"‘Recipient’ is a broader term than ‘third party’. In the meaning of Article 4 (9) of the GDPR, a recipient means “a natural or legal person, public authority, agency or another body, to which data are disclosed, whether a third party or not”. This recipient may either be a person outside the controller or processor – this would then be a third party – or someone inside the controller or processor, such as an employee or another division within the same company or authority.
The distinction between recipients and third parties is important only because of the conditions for lawful disclosure of data. The employees of a controller or processor may be recipients of personal data without further legal requirement if they are involved in the processing operations of the controller or processor. Whereas, a third party, being separate from the controller or processor, is not authorised to use the personal data a controller processes, unless on specific legal grounds in a specific case."
Seems fairly definitive to me, if you consider the source to be authoritative.
Regards,
Peter
Peter Dinsdale
Data Protection Consultant
Perfect Image /
T: 0191 238 0111
www.perfect-image.co.uk
Follow us on Twitter http://twitter.com/perfectimage
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Phil Bradshaw
Sent: 03 July 2018 12:05
To: [log in to unmask]
Subject: [data-protection] As basic as it gets
Definition: ‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. GDPR Art 4.
Is an employee who legitimately looks at my personnel file a recipient?
In the sense that he has seen it my personal data has been disclosed to him. On the other hand it doesn't seem an entirely natural use of "recipient" or "disclose".
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