In a message dated 17/11/05 16:39:49 GMT Standard Time, [log in to unmask]
writes (snip):
> Remembering where this thread started, let's assume it is so that we can
> re-build our company knowledge bank after a devastating fire. Because data
> mining technology is constantly evolving, I wish to retain all data so that
> it is available for analysis as new technology arrives in the market place.
>
> If I scripted a fair processing statement with a broad enough brush, would
> not this satisfy the requirement of the legislation?
--------
IMHO, no it would not. It appears to fly in the face of one of the
rudimentary rules on data protection which all DPR/IC postholders have told us: "you
can't hold data 'just in case' ". We have also been told to avoid "broad brush"
fair processing statements, we should make an effort to be concise but clear.
Consent will only rarely get around Principle 5 problems.
What you would need to do, IMO, is to keep depersonalised data once the
personal data has served its useful purpose. Data mining in years to come may mean
that you can pinpoint what products or services appealed to what type of
person and under what circumstances (financial, socio-economic, etc) but you
should not be allowed to keep the personal data - why would it be of use anyway?
Personal data very quickly becomes out of date, inaccurate and useless. In
many years time some of your course delegates will be old and frail, weak of
memory and really not interested in anything you may have on offer. Would you
want to contact them? Would you want to pass their address on to another
controller? No? Then why keep it, why not just the area they live/work?
Your disaster recovery plan, which includes generational backups stored off
site and various other systems, provided it is tried and tested, will enable
you to recover all useful data after a major fire - including the depersonalised
historical data for statistical, trend indication and marketing purposes.
Of course if a person consents for you to use their image and testimonial
comments for marketing purposes then so be it, but how long in that case before
their attire becomes dated, never mind their comments?
Ian B
Ian Buckland
Keep I.T. Legal Ltd
(Reg: 3822335)
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