data processor

A data processor is a person who processes data on behalf of a data controller, other than an employee in which case it will be the employer. A data processor therefore performs the processing rather than making decisions in respect to the purpose of the processing or the manner of doing so. In Guidance issued by the Information Commissioner, the test is reliant on the ability to determine the purposes of processing personal data.

The question is whether the person is a data processor or data controller under the Data Protection Act 1998 UK which imposes different obligations for each of them. Data controllers are obliged to comply with the 8 data protection principles; notify the Information Commissioner that they process personal data unless an exemption applies.

Usage: The service provider was considered a data processor as they were subject to the direction of the data controller.

Related Words: data controller; personal data; sensitive personal data; Data Protection Act 1998 UK; eight data protection principles.