A charity, however small, is a business, even if has not yet received a
single contribution, so the purpose cannot logically be domestic, however
good the purpose, if it was for the primary good of the charity and on
behalf of the charity. If it was "sponsor me to walk 10 miles for Dumb
Friends Aid", though, this comes down to personal idiocy on the part of the
employee and is a code of conduct issue. For me it doesn't even get near
the DPA.
It gets more interesting if the employee used their private email service to
email all the colleagues, of course, since the employer could be deemed not
to have protected data adequately, either in fact or by policies.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Chris Spray
Sent: Wednesday, May 05, 2004 9:39 AM
To: [log in to unmask]
Subject: [data-protection] intra-organisation emails re charity fund raising
Good Morning, I'd be grateful for your thoughts:
Would you say a "blanket" email from a colleague to other colleagues asking
for sponsorship for a well known charity's sponsored event falls under the
"domestic purposes" exemption? I'm pre-supposing the email constitutes
marketing - promoting the charities aims.
Could the employer whose email network is used be deemed responsible in some
way for the promotion and therefore the promotion fall outside the
exemption? Perhaps this is more a vicarious liability issue than a DP one.
Does it make any difference if the promotion is contrary to the company's
published policy on colleague's email use? Could the promotion be a section
55 offence by the employee - have they "obtained" email addresses without
the consent of the employer (even though the employer makes the email
addresses readily available in internal directories)?
Chris
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