[log in to unmask] asked a question about whether different types of
processing had to be made "fair" by retrospective issuing of "fair collection
notices" to the data subjects.
It will depend upon what the information is, whether (in your considered
opinion) the person is already aware of how it will be processed and who it
will be given (or sold) to and whether any of the conditions for processing -
schedule 2 and 3 where necessary - are met.
As an example, if you had collected my information prior to October 1998 for
a specific purpose - let's say direct marketing as that is the only purpose
AMTEC is registered for - then I would imagine you would have written to me
by now telling me all about your consulting services. If you had me on your
files but decided not to write to me for whatever reason, I would imagine you
would have deleted my record so you don't breach another Principle of the Act
by keeping it for too long.
If you had written to me I would be well aware of your purposes, your
identity and all the information I need to ask you to delete my record if I
was not interested in your product or service.
If you had obtained my details more recently, say as a result of me answering
a query on a mailbase, I would imagine you would send me some information
about your firm and at the same time ask me whether I wish to continue to
receive it.
In a similar way, if the people whose data you already have are likely to
receive some more junk mail - sorry important information - then you could
ask them at that point whether they wish to remain on your files.
If you have data for other purposes - such as old accounts and payroll that
were previously exempt from registration - you may be required by law
(statute of limitations) to keep those details for the stated period (six
years?) and therefore you would not need to notify the individuals of that
purpose.
If you process personnel data for current staff on computer you will need to
notify the OIC of this purpose - staff will already be aware because it will
be mentioned in their contract and you should be informing new staff of
relevant purposes in the offer of appointment and/or conditions attached to
the offer.
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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