Under what condition can a person or organization act as both a personal information controller (PIC) and a personal information processor (PIP)?

A person or organization can act as both a personal information controller (PIC) and a personal information processor (PIP) if they meet the definitions of both roles. This means that they must fulfill the criteria set out in the relevant laws and regulations pertaining to data privacy.

A personal information controller is defined as an entity that determines the purposes and means of processing personal data. In contrast, a personal information processor is an entity that processes personal data on behalf of the controller. For an entity to operate as both, it must be involved in both determining how data is used and processing that data in some capacity. This dual role is permissible because a single entity may need to both control and process the information to effectively perform its functions.

While consent from a data subject is crucial for many data processing activities, it does not inherently allow a person or organization to fulfill both roles unless they also meet the definitions of both PIC and PIP. Being a government entity or a non-profit organization does not automatically provide the legal basis required to assume both roles. The distinction lies in the actual function and responsibilities undertaken by the entity concerning data handling.