Now that is interesting. If we look at consent, but for the moment turn it
into "opt in" and "Opt Out", we are all agreed that e-Communications to an
individual require opt in.
A wage slip is a paper item, a missive, often but not always mailed to the
employee's home address. We do not have to opt in to receive paper mailed
marketing materials (though a large number of people wish it were so). How
does a wage slip differ from an ordinary postal marketing item?
I know we've discussed this in the past, but we have sufficient new people
here to make this worth someone like yourself who has been directly
concerned with this matter clarifying it again for us all.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Simon Howarth
Sent: 12 October 2005 11:36
To: [log in to unmask]
Subject: Re: [data-protection] DP Breach
"What we have done is put a leaflet in payslips and asked for consent and
anyone who objected had to phone and their name would be taken off the list
being given to the third parties"
I'm sorry but that is not consent. Silence cannot be deemed to be consent or
an implication of consent. If I do not phone and end up on the list I have
not given consent. I'm afraid the only "safe" way to do this is to ask staff
to "opt in" i.e. reply saying that they wish to be on the list, and those
that do not reply are left off the list.
A situation exactly like this was the first DP related issue I ever dealt
with....
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 12 October 2005 11:29
To: [log in to unmask]
Subject: Re: DP Breach
Funnily enough, we are going through this very process with two companies.
What we have done is put a leaflet in payslips and asked for consent and
anyone who objected had to phone and their name would be taken off the list
being given to the third parties. What we also did was get the other two
companies to sign up to our confidentiality statement and in that it states
that if they disclosed to other parties they would be liable.
Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516
Fax: 01835 825059
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 12 October 2005 11:24
To: [log in to unmask]
Subject: Re: DP Breach
An organisation doesn't have a right to market to its employees, especially
not at their homes, unless it has informed them in advance that marketing
will happen and at least sorted out some way of ensuring that those who
don't want to receive marketing can opt out. I think the IC would expect
people to be asked to opt-in.
An organisation can't differentiate between one type of marketing and
another purely on the basis that something is an "employee benefit" - if a
service is being marketed and promoted, and addresses of staff are passed to
the third party company who (presumably) make a profit on the sale of the
service, then the normal rules for obtaining proper consent in order to do
marketing should be observed. The world won't end if the proper rules aren't
followed, but this doesn't mean that it isn't a breach. It is.
Tim Turner
Data Protection Officer
Wigan Council
> ----------
> From: Casillas, Mojgan[SMTP:[log in to unmask]]
> Reply To: Casillas, Mojgan
> Sent: 12 October 2005 09:56
> To: [log in to unmask]
> Subject: [data-protection] DP Breach
>
> A while ago I posted a query re direct marketing. Thanks for the
replays.
>
>
> A few days ago I mailed the individual involved and informed them of
> the breach. Below is the response I got. I'm still 100% confident of
> the breach, I even checked with ICO but due to my lack of experience
> with DP I'm not sure as to how to reply. Can anyone give some advise
> on the matter.
>
> Thanks in advance
>
> Mojgan
>
> Whilst I can see where you are coming from with the issue of the packs
> for HCI, the marketing document was a <?xml:namespace prefix = st1 ns
> = "urn:schemas-microsoft-com:office:smarttags" />College document as
> evidenced by our name being on the pack cover and the letters with our
> letter head and signature by X. Also Y are providing the computers on
> our behalf. They are college PC's. I was given assurances from Y
> that no other use of the addresses would be made and that they would
> be destroyed following the mail-shot. Staff had been made aware via
> e-mail, the intranet and through the staff benefits leaflet, that we
> were launching this scheme. As this was a benefit for all staff and Y
> had the mechanisms to distribute quickly and at no cost to the College
> it was felt the best route to take. I do not believe that we have
breached DP legislation.
> Had we issued addresses to a company to market their own product then
> I would have agreed with you.<?xml:namespace prefix = o ns =
> "urn:schemas-microsoft-com:office:office" />
>
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