This confusing wording seems to have come about because the equivalent
exemption in the 1984 Act referred only to 'members', which doesn't reflect
the complexity of the network of supporters, members, regular contacts,
mailing list subscribers, etc. in many voluntary organisations. There has
been guidance from the Information Commissioner's Office in the past that
the way the exemption is phrased could indeed include regular clients or
service-users, even though the intention is to cover members & supporters.
I would normally agree with the suggestion that any voluntary organisation
that holds details of service users should register, if only because the
process requires a rudimentary audit which can help the organisation think
about its Data Protection responsibilities.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Marchini, Renzo" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, July 27, 2007 4:35 PM
Subject: Voluntary Bodies
I am helping a charity on a pro-bono basis in relation to a number of
issues. Without giving too much away about the identity of the charity,
they seek to help individuals get back into education and/or work.
They are handling personal data (in fact, sensitive personal data) of
the individuals they seek to help.
I am wondering whether they need to notify to the ICO or can rely on the
exemption set out in Para 5 of the schedule to the Data Protection
Notification Regs 2000 (non profit-making organisations). The issue I
have is whether the individuals which are assisted (on a perhaps one-off
basis) fall within the "exempt purpose" set out in para (b):
(b) is for the purposes of establishing or maintaining
membership of or support for the body or association, or providing or
administering activities for individuals who are either members of the
body or association or have regular contact with it;
Assuming that my client "administers activities" for them whilst
providing its assistance (which I think it does), is that individual
which the charity is helping someone who has "regular contact" with them
(they are not members)? My instinct is no, and the exemption does not
therefore apply, but wonder if anyone has considered the meaning of that
expression in this context.
Renzo Marchini
Counsel
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
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www.dechert.com <http://www.dechert.com/>
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