complying with subsection (1); and
(b)
the controller and the processor shall enter into a
written contract which shall provide that –
(i)
the processor shall act only on instructions
received from the controller; and
(ii)
the processor shall be bound by obligations
devolving on the controller under subsection
(1).
(5)
Where a processor processes personal data other than
as instructed by the controller, the processor shall be considered to
be a controller in respect of that processing.
(6)
Every controller or processor shall take all reasonable
steps to ensure that any person employed by him or it is aware of,
and complies with, the relevant security measures.
32.
Prior security check
(1)
Where the Commissioner is of the opinion that the
processing or transfer of data by a controller or processor may
entail a specific risk to the privacy rights of data subjects, he may
inspect and assess the security measures taken under section 31
prior to the beginning of the processing or transfer.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents