Duncan, I think you may be assuming that consent is necessary. It may be
that processing is
necessary for other schedule 2 (or 2 & 3) conditions for processing and
consent is not necessary.
However the processing still needs to be fair. I agree with Tim to an
extent, but consider that
a change in processing may be to the disadvantage of the customer but may
nevertheless be
required by a change in the law....
I think a sensible data controller will bear in mind its customers'
expectations as
well, regardless of the minimum the law requires.
Chris
Duncan Smith <[log in to unmask]>@JISCMAIL.AC.UK> on 20/07/2004 11:09:02
Please respond to Duncan Smith <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>
To: [log in to unmask]
Subject: [data-protection] Privacy Policy changes
The text below is indicative of many www sites we are asked to review, and
the question remains unanswered as to whether this is legal (acceptable)
practice. The number of times we see it occurring versus the number of
prosecutions might suggest that it is acceptable practice!
" we may amend this policy from time to time, at our discretion. If we
make
any substantial changes in the way we use your personal information we will
notify you by posting the changes here on these Privacy Policy pages. If
you
have more questions or comments, please send your feedback ..."
The obvious conflict is in the 'assumption of consent without response' -
If
the data controller were to make any 'substantial changes', surely this
would require consent i.e. a positive action on behalf of the data subject?
I have noticed my bank doing similar things (via post) with changes to
terms
and conditions (usually related to transfers outside of the EEA).
Any views?
Duncan Smith
Managing Director
iCompli Limited Northampton UK
t: 08707 70 48 66 f: 08707 70 48 69 m: 07775 56 81 80
Mailto:[log in to unmask] Web: www.icompli.co.uk
<http://www.icompli.co.uk/>
"Compliance in your language"
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