Controller and processor: is there a risk of confusion?

被引：6

作者：

Blume, Peter ^{[1
]}

机构：

[1] Univ Copenhagen, Fac Law, Legal informat, Copenhagen, Denmark

来源：

INTERNATIONAL DATA PRIVACY LAW | 2013年 / 3卷 / 02期

关键词：

D O I：

10.1093/idpl/ipt002

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

Data protection law depends on a clear demarcation of who is responsible for lawful data processing. Developments in technology, usage of sub-processors and other phenomena have made this more uncertain and this constitutes a disturbing situation. The current rules in Directive 95/46 concerning the relationship between controller and processor are outlined. The tendency to afford the processor a more visible and prominent position is described and discussed. The position taken in this respect in the proposed EU Regulation is outlined and it is considered whether there is a risk of a 'confused' data protection law.

引用

页码：140 / 145

页数：6

共 8 条

[1] Opinion 3/2010 on the Principle of Accountability, (2010)
[2] Opinion 1/2010 on the concepts of “controller” and “processor, WP, 169, pp. 17-24, (2010)
[3] 11 and Opinion of the European Data Protection Supervisor on the Commission's Communication 'Unleashing the Potential of Cloud Computing in Europe, pp. 52-59, (2012)
[4] Working Party, WP, 169
[5] Opinion 05/2012 on Cloud Computing, (2012)
[6] EDPS Opinion, (2012)
[7] EU of 5 February 2010 on Standard Contractual Clauses for the Transfer of Personal Data to Processors Established in Third Countries under Directive (EC) 95/46/EC of the European Parliament and of the Council, (2010)
[8] Working Document 02/2012 Setting up a Table with the Elements and Principles to Be Found in Processor Binding Corporate Rules, (2012)

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