Ref Chris's response. You cannot justify processing sensitive data under
sch 2 you must have a sch 3 justification
----------
> From: [log in to unmask]
> To: [log in to unmask]; [log in to unmask];
[log in to unmask]
> Cc: [log in to unmask]; [log in to unmask]
> Subject: Re: What is a legitimate purpose?
> Date: 10 May 2000 10:52
>
>
> If you use Sched 2 para 6 you should also have regard to the
circumstances
> when the interests of the Data Subject might prevail.
>
> If you do that, then there will be no unpleasant surprises.
>
> Also, with respect to this para 6 - it might be difficult to substantiate
> the processing of Sensitive Personal Data (i.e. the conditions in Sched 3
> mainly map on to the first 5 paras of Sched 2..
>
> C
> ----------
> > From: [log in to unmask]
> > To: [log in to unmask]; [log in to unmask]
> > Cc: [log in to unmask]; [log in to unmask]
> > Subject: Re: What is a legitimate purpose?
> > Date: 09 May 2000 19:17
> >
> > <<File Attachment: ENVELOPE.TXT>>
> > Schedule 2 para 6 allows you to process on a "balance of interests"
basis
> > but you still have to comply with the fair processing code (Sch 1 part
II
> > paras 2- 4 i.e. giving the data subject information about your
processing
> > etc
> >
> > ----------
> > > From: Johnson (I.T), Peter <[log in to unmask]>
> > > To: Data protection mailing list <[log in to unmask]>
> > > Cc: Alison Stock <[log in to unmask]>; Sophie Pilkington
> > <[log in to unmask]>
> > > Subject: What is a legitimate purpose?
> > > Date: 09 May 2000 08:51
> > > > 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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