I haven't seen any guidance on the meaning of legitimate interest. However
we did receive advice from a Senior Compliance Officer that "it will not be
necessary to obtain the positive consent of individuals to use of their data
for direct marketing purposes. Individuals do, however, have the right to
object to direct marketing and it seems to the Registrar that this can
easily be achieved by giving people the opportunity to opt-out".
Gail Waters
> -----Original Message-----
> From: Johnson (I.T), Peter [SMTP:[log in to unmask]]
> Sent: 09 May 2000 08:52
> To: Data protection mailing list
> Cc: Alison Stock; Sophie Pilkington
> Subject: What is a legitimate purpose?
>
> Group
>
> Has anyone any guidance on what is meant by the DPA Schedule 2 condition
> which says processing is necessary for the purposes of legitimate
> interests
> pursued by the data controller... It sounds like the sort of clause which
> makes lawyers rich! This is my immediate issue:
>
> We have a database of names, addresses and phone numbers which has been
> generated from a variety of sources -- public records, customer contacts,
> third party businesses and so on. It is used for sales canvassing calls.
> In
> some cases we have explicit consent from the subject, in others there may
> have been an opt-out offered but in many cases no direct consent will have
> been sought. We screen this against the TPS list. When we make a
> successful
> sale, we now tell the subject why we hold data about them (administer
> account, statistics, debt collection, fraud and crime prevention), declare
> that we may disclose to other group companies and ask for consent to use
> it
> for further marketting.
>
> We do not seek consent where there is no sale. This means that most of the
> justifications in Schedule 2 will not apply. So long as the subject does
> not
> object, are we entitled to continue to hold the information? We would
> argue
> that canvassing was a legitimate interest of our business and that the
> data
> was necessary for that purpose.
>
> * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
> Peter Johnson
> Business Systems Manager
> Regional Independent Media
> email [log in to unmask]
> * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
>
>
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