I have dealt a lot with adult education organisations.
Let's take number 2 first "Business Management and Consultancy" - It's quite
possible that there is no need to notify if it can be proved that no
personal data is recorded and processed, unlikely though.
Point 1, I would say is a no brainer. If they provide adult education then
they are more than likely going to keep records of a sensitive personal
nature (ethic origin, educational needs, dietary needs), and so they must
notify. Like Tim for £35 it is hardly worth messing around and it's better
to be notified voluntarily than not notified and getting into trouble.
I will also point out that I had a conversation about this very matter
(adult education) with the ICO some months ago and their advice was that
notification was required. However they were happy that a charity whose main
purpose was *not* education was exempt.
Hope this helps.
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of davidwyatt
Sent: 25 November 2004 00:08
To: [log in to unmask]
Subject: [data-protection] Notification Exemptions
All
Discussion item :
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.
All comments / observations appreciated.
David Wyatt
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