(4 Subject to section 27(1), it shall be the duty of a data controller to comply with the data protection principles in relation to all personal data with respect to which he is the data controller.
Hence, adherence and retention is everybody's work: it is my duty; it is the duty of the data clerk, adherence counselor and the pharmacist; it is, in general, the duty of the multi-disciplinary team.
For the legal duties of the data controller, which arising from private law, the provision of Art. 7 letter b) of the data protection directive is applicable.
In the case of Luanda, where low level of schooling of CHWs was identified as a barrier to obtain data and maintain reliable records, we raise the point that years of schooling (as a prerequisite for CHW selection) might not be sufficient to determine a level of educational achievement necessary to fulfil the duties of satisfactory data collection.
In principle, duties and responsibilities of data users are articulated through contractual agreements, where failure to comply sets legitimate grounds to revoke access permissions (Joly et al, 2011).
But if you apply evolutionary thinking to social media, you may see a bigger picture, in which Facebook and its users are collaborating unknowingly for the general good, by "performing the altruistic duty of pooling the data on behalf the system and drawing important – potentially survival-related – meaning from it".
By targeting the primary health care practitioners on duty at the time of data collection in the 12 districts, an acceptable coverage was reached (i.e. 63% of all staff individuals).
However, they were not performing clinical duties at the time of data collection, and had never had clinical contact with any client participants.
This is done in the course of data retention duty, which is still present in several member states although the Data retention directive 2006/24/EC was nulled by the CJEU.
Today TalkTalk has a duty of care over its data subjects: a legal duty to ensure that our personal data is kept safe and secure.
