Like Tim I went through a process of investigation as to whether I needed to
register. I decided in the end that it made business sense to register even
if I could find a reason not to. The main reasons for believing the business
you describe should register are:
1) It is unlikely that adult education would involve merely accounts and
records processing. If the business also does educational assessments, exams,
training needs analysis, special needs assessments, and other "normal" education
processes the "accounts and records" purpose would be insufficient;
2) Business Management and Consultancy would probably include several
processes that would not qualify for an exemption. It depends upon the type of
consultancy but on the assumption it is related to adult education it probably
involves staff assessments (not qualifying for staff admin exemption because
they're someone else's employees) and development plans for the individuals.
3) The saving of £35 by not registering is swallowed up by having to provide
the information that would have been in the entry to the individuals whose
data are processed in order that the processing is fair.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above 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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In a message dated 25/11/04 00:13:42 GMT Standard Time,
[log in to unmask] writes:
> A business is incorporated with its nature of business declared in its
> incorporation documents as
> 1: Adult and other education
> 2: Business Management and Consultancy
>
> Can you construct legitimate arguments as to why it is not necessary to
> register under DPA?.
>
> Marketing, Accounts and Records and Staff Administration are purposes which
> can be exempt from registration obligations but if a prime business purpose
> is Adult and other education (therefore collecting at very least names and
> other details of individuals to whom training is delivered) is there a specific
> purpose which the organisation who is delivering education / training
> services should register, or is the purpose defensible as part of Accounts and
> Records, therefore potentially exempt from registration?.
>
> Anyone observe if the Act creates any exemptions for such standard purposes
> being exempt from being advised to data subjects in fair obtaining notices.
>
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