Common use of Joint Data Controllers Clause in Contracts

Joint Data Controllers. The Regulatory Reform (Collaboration etc between Ombudsmen) Order 2007 inserted powers into the Parliamentary Commissioner ▇▇▇ ▇▇▇▇, the Health Service Commissioners ▇▇▇ ▇▇▇▇ and the Local Government Act 1974 to give LGSCO and PHSO specific powers to share information ‘for the purposes of a complaint’ and to conduct joint investigations, subject to the consent of the complainant to do a joint investigation. This consent may initially be obtained over the telephone, but will be followed up by written consent. (See forms at Appendix 1.) Information will only be passed from one organisation to the other once the consent of the individual concerned has been obtained. This consent will be recorded on both organisations’ case management systems. The key legislative provisions of both organisations allowing data sharing are set out in Appendix 2. A complainant is provided with information about how their personal data will be processed (“fair processing information”) when they submit their complaint, in the form of a privacy statement. When we decide that the Joint Working Team will investigate the complaint, further information will be provided to the complainant on how their data will be handled in a fact sheet from the Joint Working Team. This will be provided at the point that either PHSO decides to pass the case to LGSCO for a joint working assessment decision or LGSCO decides to pass the case to the joint working assessors for assessment. Under Article 26 of the General Data Protection Regulation (GDPR), where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. And under Section 5(2) of the Data Protection Act where an organisation is required by law to process personal data, it must retain data controller responsibility for the processing. Although the Joint Team work in the LGSCO environment and using LGSCO systems, PHSO will retain data controller responsibility along with LGSCO. LGSCO and PHSO will therefore be joint data controllers for data held in joint investigations carried out by the Joint Working Team. Both organisations will receive complaints. Where PHSO receives a complaint which may be a joint working case, they will pass the case to LGSCO for a joint working assessment, along with the necessary consent from the complainant. If LGSCO decides there are elements within the two jurisdictions that should be investigated, the complaint should be handled by the Joint Working Team. Relevant information and evidence gathered by PHSO will be sent to the LGSCO to be stored on ECHO. PHSO will retain copies of this information on their case management system for reference. Where the LGSCO receives a joint working complaint they will inform PHSO and the Joint Working Team will assess the complaint. If the Joint Working Team decision is that there are health elements that should be investigated, it will be handled by the Joint Working Team. PHSO may hold other information that is not provided to the LGSCO. This will be stored in line with PHSO case handling procedures. The information transferred will be held on the LGSCO’s ECHO system and all new information will be held on ECHO. No further information will be added to PHSO’s case file except any specific copies of clinical or legal advice obtained by PHSO, any complaint correspondence by the complainant or any other party sent directly to PHSO, outcome of assessment information, closure information including the final decision, and compliance details.

Joint Data Controllers. The Regulatory Reform (Collaboration etc between Ombudsmen) Order 2007 inserted powers into the Parliamentary Commissioner ▇▇▇ ▇▇▇▇, the Health Service Commissioners ▇▇▇ ▇▇▇▇ and the Local Government Act 1974 to give LGSCO and PHSO specific powers to share information ‘for the purposes of a complaint’ and to conduct joint investigations, subject to the consent of the complainant to do a joint investigation. This consent may initially be obtained over the telephone, but will be followed up by written consent. (See forms at Appendix 1.) Information will only be passed from one organisation to the other once the consent of the individual concerned has been obtained. This consent will be recorded on both organisations’ case management systems. The key legislative provisions of both organisations allowing data sharing are set out in Appendix 2. A complainant is provided with information about how their personal data will be processed (“fair processing information”) when they submit their complaintcomplaint to either LGSCO or HOS, in the form of a privacy statementstatement or notice. When we decide that The Local Government Act 1974 and The Housing Act 1996 give LGSCO and HOS specific powers to share information for the Joint Working Team will investigate the complaint, further purposes of a complaint and to fulfil their statutory functions. Limited information will be provided shared between LGSCO and HOS at the initial assessment phase to decide if a joint investigation should be conducted. If a joint investigation is recommended then the permission of the complainant to proceed with the joint investigation must be sought. This consent may initially be obtained over the telephone, but must be followed up by written consent (See forms at Appendix 1.). This consent will be recorded on both organisations’ case management systems. If Consent to proceed with a joint investigation is provided, the relevant personal data that is required to complete the investigation will be shared between HOS and LGSCO. Further consent is not required for this and information will be shared under the statutory powers as referred to above. The UK GDPR lawful basis for this sharing is Article 6(e) and Article 9(g) which means the sharing of the personal data is required to deliver the joint public service to the complainant on how their data will be handled in a fact sheet from the Joint Working Team. This will be provided at the point that either PHSO decides to pass the case to LGSCO for a joint working assessment decision or LGSCO decides to pass the case to the joint working assessors for assessmentindividual. Under Article 26 of the UK General Data Protection Regulation (UK GDPR), where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. And under Section 5(2) of the Data Protection Act 2018, where an organisation is required by law to process personal data, it must retain data controller responsibility for the processing. Although the Joint Team work in the LGSCO environment and using LGSCO systems, PHSO will retain data controller responsibility along with LGSCO. LGSCO and PHSO HOS will therefore be joint data controllers for data held in joint investigations carried out by the Joint Working Team. Both organisations will receive complaints. Where PHSO receives a complaint which may be a joint working case, they will pass the case to LGSCO for a joint working assessment, along with the necessary consent from the complainant. If LGSCO decides there are elements within the two jurisdictions that should be investigated, the complaint should be handled by the Joint Working Teamteam. Relevant information and evidence gathered by PHSO will HOS may be sent to the LGSCO to be stored on ECHO. PHSO HOS will retain copies of this information on their case management system for reference. Where the LGSCO receives a joint working complaint they will inform PHSO and the Joint Working Team will assess the complaint. If the Joint Working Team decision is that there are health elements that should be investigated, it will be handled by the Joint Working Team. PHSO HOS may hold other information that is not provided to the LGSCO. This will be stored in line with PHSO HOS case handling procedures. The information transferred will be held on the LGSCO’s ECHO system and all new information will be held on ECHO. No further information will be added to PHSO’s case , unless there are exceptional reasons why it cannot be, such as large file except any specific copies of clinical size, or legal advice obtained by PHSO, any complaint correspondence by the complainant or any other party sent directly to PHSO, outcome of assessment information, closure information including the final decision, and compliance detailsfile type.