Duncan,
I suspect that your employment contract & conditions would have outlined the
employers intentions to disclose your information for the purposes of
medical examination, etc. You may have had the opportunity to opt out of
this service or it may be a condition of employment.
If hospital contacts you with respect to annual check then you would have
already consented to this processing and any associated direct marketing.
You can opt-out of any future direct marketing although the hospital will
continue with the annual contact as per your conditions of employment.
I don't see that a check against the TPS is appropriate.
Alex Mitchell
North Lanarkshire Council
-----Original Message-----
From: Duncan Smith [mailto:[log in to unmask]]
Sent: Wednesday, February 20, 2002 14:56
To: [log in to unmask]
Subject: Solicited or not?
As an employee of a large company, one of the benefits I receive is free
annual medical check-up by a private hospital. My company has
contracted with said private medical company to carry both the medical
checks and manage all the bookings.
This means the hospital calls me and sends me direct marketing
information to my home address (provided by my employer incidentally).
When the hospital contact me to badger me into booking my annual
check-up, are they placing and unsolicited direct marketing call to me?
Can the hospital rely on my inferred consent to suggest contact with me
is solicited and avoid screening versus TPS?
Duncan S Smith
Principal Consultant
e-mail: [log in to unmask]
gsm: +44 (0)777 556 8180
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"The process of Improvement"
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