In a message dated 16/04/04 09:49:19 GMT Daylight Time,
[log in to unmask] writes:
> I've recently been informed that following Committee Approval, Payroll
> Services will be including advertising from Financial Organisations within
> our Payslips.
>
> I have provided advice to say that this amounts to Direct Marketing in
> which an individual has a right to object (Section 11). I also advised
> that Payroll Services should send out opt in/out notices and then record
> any negative responses on our systems.
>
> However, their response has been that sending out notices is not
> processing and it is not directed to 'particular' individuals.
-------
The advertising is directed and it is targetted. The financial institutions
are aiming at a target audience of local government employees. The mailing is
classed as "host mailing" in that the recipients are on your payroll list and
otherwise would have no choice as to whether to recieve the communication.
Therefore a separate consent is required, in the opinion of the IC. An opt out
at the time of collecting the data - ie for new employees - would suffice. If
an existing database is to be used, I would suggest contacting all employees
(perhaps a payslip enclosure) advising them of the intended action and asking
them to opt IN.
IC's code says:
"1. Inform new workers if your organisation intends to use their personal
information to deliver advertising or marketing messages to them. Give workers a
clear opportunity to object (an ‘opt-out') and respect any objections whenever
received.
2. Do not disclose workers' details to other organisations for their
marketing unless individual workers have positively and freely indicated their
agreement (an ‘opt-in').
3. If you intend to use details of existing workers for marketing for the
first time either in ways that were not explained when they first joined or that
they would not expect, do not proceed until individual workers have positively
and freely indicated their agreement (an ‘opt-in'). "
--
Contract terms effectively stating that a condition of service is that you
must accept junk mail with, or printed on, your payslip is likely to be unfair
and in breach of the advertising code.
If an employee responds to an advert and if that advert is distributed by a
single employer or a box number is used to identify a particular mailshot, and
the employer is receiving remuneration, it is likely that trading of personal
data is taking place and the employer must register that purpose as well as
notifying the IC of their direct marketing of other organisations' products and
services.
Another problem to be overcome is the employee's perception that the employer
is recommending the particular financial product/service. If the employee
gets a bad service after taking up the advertised offer, some responsibility
will lie with the host mailer unless they make it clear that none of the products
is being promoted by the employer.
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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