Gail
IMHO
Is this not a movement of personal data between two data controllers.
If so this appears to be a 'Trading in data' activity on your part.
You can 'trade' if you have
a) registered the activity and
b) notified the purpose to the individual.
If the individual has opted out of such third party trading (as the
recipients use appears to be for a marketing (promotional) purpose) you
should suppress their records from those you trade. Otherwise an unfairness
argument can be raised.
Your processing condition assuming all data non-sensitive could be Schedule
2(6) legitimate interests. Trading in data is a permissable activity as long
as it is conducted in a lawful manner.
Hope this assists
David Wyatt
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of
> [log in to unmask]
> Sent: 12 December 2001 14:27
> To: [log in to unmask]
> Subject: Disclosure to funding body
>
>
> The OU acts as a "Learning Provider" for the purposes of the Individual
> Learning Accounts scheme.
> Very recently, the scheme was withdrawn for students in England
> and Northern
> Ireland and in an attempt to redirect student complaints, the funding body
> in Northern Ireland have asked Learning Providers to supply them
> with names
> of students affected by the sudden withdrawal of the scheme so that they
> could personally write to them.
> I am inclined to say no because we tell students that we make such
> disclosures on the basis of requirement but since this was something
> unforeseen, is it something we might do under the legitimate interest
> condition?
> Gail Waters
> DP Coordinator
> Open University
>
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