Q&As

Who is the data processor for the purposes of the Data Protection Act 1998?

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Published on LexisPSL on 13/09/2016

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • Who is the data processor for the purposes of the Data Protection Act 1998?

Who is the data processor for the purposes of the Data Protection Act 1998?

The Data Protection Act 1998 (DPA 1998), provides that a data processor is any person, other than an employee of the data controller, who processes personal data on behalf of the data controller. The term ‘processing’ implies technical tasks, such as data storage, retrieval or erasure. The data processor, by contrast, makes overarching decisions as to the purpose for which the personal data is processed. This distinction is not absolute and there are some tasks that can be performed by the controller or the processor.

According to the ICO, a data processor would usually decide:

  1. what IT systems or other methods to use to

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