Duncan,
I believe you do have to notify in the circumstances you describe.
There is certainly no blanket exemption for not-for-profits, although the
staff on the Notification helpline are notoriously inconsistent in the
advice they give and sometimes give people the impression that there is.
In SI 2000 No. 188 the exemption is given as a list of six conditions, with
an 'and' between the fifth and sixth. I take this to mean that you have to
meet all six provisions. These include '(b) is for the purposes of
establishing or maintaining membership of or support for the body or
association ...' Therefore, as soon as you process data for any other
purpose (which Trading in personal data certainly is), you lose the
not-for-profit exemption. You can still look at the remaining exemptions,
but you cannot benefit from the Marketing, promotion and PR exemption
because that only applies to promoting your own organisation. Therefore you
do have to notify, and the Self-assessment guide is correct in the order it
takes the user through.
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: Duncan Smith <[log in to unmask]>
To: <[log in to unmask]>
Sent: 21 June 2002 11:51
Subject: NFPs exempt from notification
> Do I do I not have to notify?
>
> As a Not For Profit (NFP) establishment the Information Commissioner's
> Notification Exemptions self assessment guide provides me with a
> contradiction. If I follow her flow chart through in a serial fashion
> (as designed) I come across question 4 first, which asks if I carry out
> any non-exempt processing. As my organisation trades or shares personal
> information (why not personal data?) I am required to notify. I should
> stop at this point and notify.
>
> If I read on, I arrive at question 7, am I an NFP? Answering "yes"
> leads me into question 8 where I look closely at the disclosures
> question. Assuming my disclosures are with the consent of my members, I
> arrive ultimately at the conclusion that I do NOT have to notify!
>
> Was I wrong to go passed question 4?
>
> In effect, does being an NFP place me above having to address non-exempt
> processing?
>
>
>
> Duncan S Smith
> Principal Consultant
>
> Mailto:[log in to unmask]
> M: +44 (0)777 556 8180
> T: +44 (0)1480 461 671
>
> CoProfiles
> "The Process of Improvement"
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