[MyData & Open Data] Data Subject = Data Controller - is it common?

Wed Mar 18 07:27:18 UTC 2015

On 2015-03-16 16:59, Antti Jogi Poikola wrote:

> recently I have learned about couple of Finnish digital services (one
> related to personal finances and other to personal consumption), where
> the juridical arrangement was such that the service provider was not
> considered data controller, but only data processor who worked on
> behalf of the individual who was at the same time data subject and
> data controller.
> 
> Is this common practice - do you know any cases?
> 
> How does this impact to individuals rights over his own data?
> 
> What are the implications, pros and cons?

There is some wiggle room for contractually clarifying who is the 
controller and who is the processor, but it is not unlimited. I my day 
job I have had one case in which there was a clear overlap between 
controllers and data subjects, but it is pretty rare. You could also 
argue that there is shared controllership in such cases.

Either way, it would require the data subject to be in full control of 
the data, which is rarely the case.

Regards,

  Walter