It's important to differentiate between Schools and Universities here: in HE,
the contractual relationship is of course between the STUDENT and the University,
not their parents, so there shouldn't be any correspondence/telephone calls
addressed directly to parents at all.
At Sussex our Alumni Society encourages links with parents/families by running an
'In Touch' scheme (which sends them a termly newsletter). But details of this
scheme and a registration form are included as part of each student's initial
registration pack. It is up to them to choose to pass the details on.
--------------- Begin original message ----------------
| From: Paul Ticher <[log in to unmask]>
| Date: Mon, 29 Jan 2001 10:57:19 -0000
| Subject: Re: University fund-raising
| To: [log in to unmask]
| Reply-To: Paul Ticher <[log in to unmask]>
| Comments: To: Craig Brown <[log in to unmask]>
|
| This discussion has got me thinking. I'm a primary school Governor, and I
| also
| train voluntary organisations in Data Protection, so I feel I need to know
| the answer.
|
| I think the issue for me is not so much whether the communication is
| directed to the individual, as whether it is direct marketing - where the
| Act's definition is not particularly helpful. My understanding of direct
| marketing is that it has to be inviting the recipient to enter into a new
| transaction with the sender. Thus a letter asking parents to contribute to
| a new classroom fund probably would be direct marketing. A letter inviting
| them to parents' evening would not be.
|
| When our school writes to parents about trips it is usually along the lines
| of 'we need your permission to take your child out on this trip, and by the
| way could you pay a few pounds towards it.' I don't see how anyone could
| require the school not to send them such a letter, as the school has a legal
| responsibility to get the parent's permission. Leaving aside the question
| of whether our state schools should be so dependent on direct parental
| contributions, are we really saying that the DPA requires us to produce two
| versions of the letter, one for most parents, the other for those who have
| opted out?
|
| I think not, because the opt-out right (s.11 of the Act) states that the
| data subject can 'require' the data controller 'in writing' not to [process]
| personal data for the purpose of direct marketing. In our school, letters
| are sent to parents via the children, by being handed out in class, and with
| no specific parent's or child's name on each letter. I don't see where any
| processing of personal data relating to the parents is taking place.
| Letters posted to the parents at home would involve processing, of course,
| but if the request for a contribution is incidental to the request for
| permission, I'd be reluctant to view it as direct marketing.
|
| I generally find that the DPA does not force you to behave in illogical
| ways, but you sometimes have to think round the issue before you can find a
| way through. Does the above argument make sense to others, or have I missed
| something here?
|
| Paul Ticher
| Information Management
| 0116 273 8191
| 22 Stoughton Drive North, Leicester LE5 5UB
|
| ----- Original Message -----
| From: Craig Brown <[log in to unmask]>
| To: <[log in to unmask]>
| Sent: 26 January 2001 12:45
| Subject: Re: University fund-raising
|
|
| > Dave
| >
| > I don't think your children's school did get round the problem by omitting
| > your name. Isn't this very similar to direct marketing which is defined
| as
| > the targeting of 'particular individuals'? You were targeted as a parent.
| > I had a conversation on a similar matter with the DPC's new HE/Local
| > Government Compliance Officer yesterday and he agreed that you don't have
| to
| > be named to be targeted as a particular individual.
| >
| > Craig
| > -----------------------------------------------
| > Craig S R Brown
| > Senior Administrative Assistant
| > Registrar's Office
| > University of Leicester
| > University Road
| > Leicester
| > LE1 7RH
| >
| > Tel: 0116 252 5077 Fax: 0116 252 5000
| > E-mail: [log in to unmask]
| >
| >
| > > -----Original Message-----
| > > From: Dave Wyatt [SMTP:[log in to unmask]]
| > > Sent: Thursday, January 25, 2001 12:33 AM
| > > To: [log in to unmask]
| > > Subject: Re: University fund-raising
| > >
| > > Sarah
| > > As a parent and data subject I get approached for no obligation
| > > contributions to my children field trips but am assured that they will
| not
| > > be prejudiced if I fail to contribute. Like many parents I support where
| I
| > > can. But hang on I've got the good old DPA to protect me from such
| > > approaches using the 'guilt' approach. However the school solved that by
| > > omitting names and having the children bringing the letters home to whom
| > > it
| > > may concern.
| > >
| > > Reactions using DPA are usually based on volumes of requests in any
| given
| > > period or sometimes simply bad day, but opt out is a right individuals
| > > have
| > > and can choose to use so I agree it is prudent for all those looking to
| > > get
| > > a result from such marketing/fundraising to respect opt out as best
| > > practice, failure to do so simply builds resistance.
| > >
| > > David
| > >
| > >
| > >
| > >
|
-------------- End original message --------------------
Anne Johnson, Assistant Registrar
Student Systems Office, Sussex House,
University of Sussex, Falmer, Brighton BN1 9RH
Telephone (01273) 678761; Fax (01273) 877389
E-mail [log in to unmask]
http://www.sussex.ac.uk/Units/sso/
|
