30-14-2818. Responsibility according to role -- processing data of minors.
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/mt/title-30/chapter-14/part-28/30-14-2818·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
30-14-2818 . Responsibility according to role -- processing data of minors.
(1)A processor shall adhere to the instructions of a controller and shall assist the controller to meet the controller's obligations under 30-14-2811 and 30-14-2819 , taking into account the nature of the processing and the information available to the processor. The processor shall assist the controller by:
(a)taking appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the controller's obligations under 30-14-2811 ; and
(b)providing information to enable the controller to conduct and document data protection assessments pursuant to 30-14-2819 .
(2)A contract between a controller and a processor must satisfy the requirements of 30-14-2813 (2).
(3)Nothing in this section may be construed to relieve a controller or processor from the liabilities imposed on the controller or processor by virtue of the controller's or processor's role in the processing relationship as described in 30-14-2811 and 30-14-2819 .
(4)Determining whether a person is acting as a controller or processor with respect to a specific processing of personal data is a fact-based determination that depends on the context in which personal data is to be processed. A person that is not limited in the person's processing of personal data pursuant to a controller's instructions or that fails to adhere to the instructions is a controller and not a processor with respect to a specific processing of personal data. A processor that continues to adhere to a controller's instructions with respect to a specific processing of personal data remains a processor. If a processor begins, alone or jointly with others, determining the purposes and means of the processing of personal data, the processor is a controller with respect to the processing and may be subject to an enforcement action under 30-14-2817 .