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Allocating responsibility among controllers,processors, and “everything in between”: the definition of actors and roles in Directive 95/46/EC
Authors:Brendan Van AlsenoyAuthor Vitae
Affiliation:Interdisciplinary Centre for Law and ICT (ICRI), K.U. Leuven, Leuven, Belgium
Abstract:In Opinion 1/2010, the Article 29 Data Protection Working Party has provided additional guidance concerning the concepts of ‘controller’ and ‘processor’ contained in Directive 95/46/EC. This guidance aims to assist practitioners in their determination of whether an entity is acting as a controller or as a processor towards a particular data processing operation. Despite the fact that this opinion is informative, the existing framework still appears to leave room for a considerable amount of legal uncertainty. This uncertainty is attributable in part to the nature of the existing concepts, but also (and perhaps to a larger extent) to their apparent misalignment with current processing realities. In this paper, the author seeks to articulate why the existing concepts often remain difficult to apply in practice, in order to enable a constructive reflection on how these issues might be addressed in the future.
Keywords:Directive 95/46/EC   Data Protection   Article 29 Working Party   Compliance   Actors and roles   Controllers and processors   Accountability
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