Paula, I think your consultancy are referring to s.33 exemption that allows processing (or further processing) of PD for "research purposes" including statistical or historical purposes. But I'm not sure that this means market research is exempted per se!
Seems to be more about whether the further processing is or is not compatible with the original purpose - I guess around things like using service provision data for service planning & forecasting and so on.
See section 5.7 of OIC Legal Guidance - states, amongst other things, that "It is important to note that even where the exemption properly applies, the data controller is still required to comply with the rest of the Act, including the First and Second Principles. The data controller should, therefore, ensure that, at the time the data are collected, the data subject is made fully aware of what the data controller intends to do with the data."
Unfortunate that your advisors didn't stick to the script!
Kirsty E Gray
Data Protection Officer
National Care Standards Commission
Note: comments for discussion and debate only and do not necessarily reflect the corporate position of NCSC nor constitute legal advice.
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