Dennis.
Regards point 1:
I agree that Trading in data purpose code P018 (old purpose), Advertising,
marketing and public relation for others. (new purpose) should apply to your
situation. I believe flyer inserts can be argued as being different to off
the page block adds. (e.g. flyers can be selectively added to a subsection
of the publication distribution). I would question whether either are
directly targetted at individuals in your context. This selective
targetting issue appears to be supported by the Commissioners office
guidance.
An example of a problem with advertising financial products in this way is
that product provider has to consider selling practice rules. If the product
is not appropriate to the target audience then problems can occur with
compliance under PIA / FSA rules. If the employee newsletter goes to current
staff and pensioners for example then the product advertised may not be
suitable to all requiring a sub-division on the distribution list due to
advertising rules. This sub-division then nullifies the use of the section
41 in the commissioners guidance below.
The following section 41 extract is from the Registrars own guidance
regarding Direct marketing. This guidance gave comprehensive advice regards
this subject. It was published in relation to interpretation of the 1984
Act but it still has relevance in this context to the 1998 Act.
The emphasis in section 41 relating to host mailing relates to sub-division
of the distribution list. This guide was on the Commisioners old web site
but I cannot yet find it on their new site, possibly it is being reviewed.
The Commisioners office should be able to advise.
*****
Host Mailings
41: The registration requirements for those offering host mailing services
is discussed in paragraphs 17- 20 above. In deciding whether the duty of
fairness requires notification of this use of personal data, the Registrar
takes the view that where personal data are not processed specifically for
the purpose of selecting certain data subjects for receipt of certain
mailings, data users will not generally be required to provide a
notification.
An example of this type of mailing might be the enclosure of third party
advertising material in billing mailings as a so-called "package insert".
All those billed will receive the same insert. By contrast where host
mailings will be selective with, perhaps, only regular customers being
selected for receipt of the third party advertisements, or where "solus"
host mailings are to be carried out, then a notification should be provided.
*****
If relying on this section care is need to examine specifically whether you
are already sub-dividing the employee file to despatch the newsletter. For
example payroll/personnel files from where you are sourcing the individuals
for the newsletter targetting may hold past employees, pensioners etc which
are being deselected.
Regards 2:
This is still using payroll data for host mailing. There is a possibility
the activity could be classed as Payroll/ Personnel use and not marketing if
you can demonstrate the activity actually confers a real employee benefit
which occurs as a consequence of the employees employment. This would
probably, using your example, have to be linked to a clear employer / BUPA
contract for the benefit of your employees.
If not then same issue as above regards section 41. No sub-divsion of
payroll permitted. All persons on the employee file must receive offer
(including past leavers,pensioners etc), and offer must be available for all
recipients to take up.
However you still need to operate an objector process to ensure any employee
who requests, can opt out of receiving the newsletter. Issues can be
influenced as to whether the receipt of the newsletter is an essential part
of the employees / employer contract or employers statutory obligation to
notify events to employees.
Full analysis is never easy as there is still much regarding 'fairness'
which is in interpretation. It is therefore best to follow the spirit of the
the Act regarding choice. Individuals are unlikely to respond to the offers
in any event if they object to marketing.
Best practice regards fairness is normally to inform all staff, seek
consent, log all objectors, then proceed with targetting those who are happy
to participate.
Objectors are likely to be few. I believe Direct Marketing Association
statistics, which tie into our own experience, indicate approx 4% of those
subject to marketing are active objectors. Other participants on this list
may be able to confirm this.
Hope this assists.
David Wyatt
(Data Protection Manager - Norwich Union)
----- Original Message -----
From: "Dennis Barrington-Light" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, April 14, 2000 11:36 AM
Subject: Direct marketing
>
>
> Can I ask for advice on two separate issues?
>
> 1. The University issues a Newsletter to all its staff which is
personally
> addressed with a label from the payroll system to their work address. The
> last issue included an inset advertising a certain make of car which was
paid
> for by the company concerned. The Newsletter also includes block
advertising
> by non-University companies. This helps to defray the costs of
production. A
> member of staff objected to the insert and asked to be removed from the
> mailing list in future. I have taken steps to ensure that he does not
receive
> future issues but it has raised a number of issues:
>
> a) Is the insert direct marketing?
> b) Is there any difference between inserts and block advertising?
>
> 2. The University has relationships with certain companies to offer staff
> benefits i.e. health cover, telephone discounts, etc. In the past I have
> allowed details to be circulated with payslips where I considered it to be
in
> the interests of employees.
>
> a) What is the position now. Is this direct marketing?
> b) Is a flyer (either sent direct, or included with the Newsletter)
giving
> the details of a scheme giving discounts on BUPA membership which gives
> details of the company concerned direct marketing? Would there be any
> difference between a flyer or an article actually in the Newsletter?
> c) Should I prohibit circulation of this type of material using payroll
data?
> If I provide an opt-out option then the employee will not be notified of
other
> possibly important information contained in the Newsletter.
>
> Any advice would be most welcome.
>
> Dennis Barrington-Light
> Head of Student Records and Statistics and University Data Protection
Officer
>
> University of Cambridge, 10 Peas Hill, Cambridge CB2 3PN
> Tel: 01223-332303 (Direct line) Fax: 01223-331200
> Email: [log in to unmask] or [log in to unmask]
>
>
>
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