Hello Duncan
1. Now that we are past the 24/10/01 watershed, as soon as you automate the
data, transitional relief is no longer available.
2. I think that in the absence of 'adequate fair processing information' on
the original forms you would not be complying with the fair processing code
if you went ahead with the marketing exercise, even if the mailshot includes
fair processing info and an opt-out. As you suspect, I think the only way
of complying would be to obtain the consent of each data subject to the new
processing purpose. It might be easier to run a whole new competition -
please send me an entry form if the prizes are good!
Regards
Stuart Lynch
Stuart Lynch Consulting
Training/Consultancy in
Privacy/Information Protection
01704 870365
mailto:[log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Duncan Smith
Sent: 17 December 2001 18:10
To: [log in to unmask]
Subject: Help - transitional relief
One of those lost the plot moments - can anyone help?
I acquire personal data on competition entry forms, the forms do not
contain adequate ‘fair processing information’. The date of acquisition
varies from before 24 October 1998 (data set 1) to after 24 October 1998
(data set 2). Both data sets were obtained before the end of the first
transitional period.
All the data has now been data entered onto a marketing database from
which I intend to carry out direct marketing campaigns.
As we are now post 24 October 2001, I lose 'subject information
provision' transitional relief on the data set 2, but retain relief on
the older data set 1. Is this still the case given that all the data is
now in automated form?
I now wish to use the data for a purpose that was not apparent at the
time of collection. Do I have to re-consent everybody, or can I market
to them, providing appropriate ‘fair processing information’ and
marketing opt-outs on the mail out?
All of the data was obtained fairly, given the transitional relief that
was in place at the time.
My primary confusion is therefore:
1. what loss of (if any) transitional relief occurs in translating hard
copy data to electronic data.
2. what action required on electronic data acquired legally, given the
relief available at the time, but now required for a purpose not
specified at the time of collection.
Thanks
Duncan S Smith
Principal Consultant
"I should have listened to my Mum and done something useful!"
e-mail: [log in to unmask]
gsm: +44 (0)777 556 8180
Company Profiles
"The process of Improvement"
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