On Friday I and a colleague worked again through the "Are you exempt" part.
We came to the conclusion that we were potentially exempt. Now we know we
are not! And we are properly notified, but we though "Actually we may be".
So we checked with the advice line. And we are correct. We are not exempt.
Ok so we were mildly confused. Not hard to be.
We then rechecked the exemptions:
Staff admin including payroll
Advertising, marketing and PR (of our own business)
Accounts and records
OK, we were indeed confused. Sometimes we handle data for clients, so we
are, for them, a data processor. Hmmm that does not necessarily mean we
have to notify...... (do note the world "Necessarily"!)
We called in to the advice line again: We asked for a hypothetical business
"We are a marketing consultancy and we sell our own services to our own
database" (no mention of source of data".
"You don’t need to notify, sir"
"We do ask our customers if they are happy. Isn’t that research?"
(research means you have to notify.
"Ah, in that case, sir, you must notify"
"In your experience, is there any business of any size at all in the UK that
is actually exempt from notification?"
"No, sir, we have not found one."
Well that looks pretty conclusive. £35 a year tax on business, then! But
it says that in reality all business must notify despite being apparently
exempt.
Now that is amusing background, especially in view of BT's apparent slip-up
with notification. But there is a substantive reason for this.
http://www.google.com/search?q=%22elysaura+marketing%22&
I am TPS registered and have been for years yet I received a call from these
people trying to flog me a timeshare. I know well that many timeshare
companies are ethical. Google casts doubt on this one. Further they asked
for me by name, so are working form a database, and are not notified. I
asked the UKIC to make an assessment of the notification and the initial
reply was "Well, they may be exempt". On pressing my point they are now
"contacting them about the issue of notification".
It seems to me that there is a time when the UKIC should be enforcing the
law on strict liability offences. Has anyone any idea why this appears not
to be happening? After all, research with the very department (Casework and
Advice) that gives advice on whether one is to be notified or not also does
the investigation, so it seems!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Carter, Antoinette
(KIS)
Sent: 09 February 2006 13:03
To: [log in to unmask]
Subject: Re: [data-protection] To Notify or Not to Notify, That is the
question
It has nothing to do with ROI. It's the EU DP Directive that was the
original driver behind it, and presumably until such time as a new EU
Directive dictates that our DPA is re-enacted to do with away it, it is with
us for the foreseeable future.
So, in answer to your original poser I would say, rather than thinking of it
as a waste of money which should be done away with; maybe we should see it
as money that's gonna be spent whether we like it or not, so let's educate
the general public to make good use of it......?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Duncan Smith
Sent: 09 February 2006 12:41
To: [log in to unmask]
Subject: Re: [data-protection] To Notify or Not to Notify, That is the
question
Let's just do away with Notification; after all, what purpose does it serve?
Just try a little experiment on Friday night when you're out with your
mates. Ask them the following three questions.
Have you ever checked up on a company before buying a product or service
from them?
If yes, has that check involved accessing the National register of data
controllers?
Do you think it should be your responsibility to check that register to see
how they use your data, or their responsibility to tell you when you provide
it?
Other than a means of generating a revenue stream for OIC, I honestly do
struggle with seeing any real ROI from having such a database.
Duncan Smith
Director
iCompli Limited Northampton UK
t: 08707 70 48 66 f: 08707 70 48 69 m: 07775 56 81 80
Mailto:[log in to unmask] Web: www.icompli.co.uk
"Compliance in your language"
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