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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