This seems to be dealt with by the Charity Commission website
"OPERATIONAL GUIDANCE - DATA PROTECTION ACT 1998 - DATA PROTECTION AND
CHARITIES"
http://www.charity-commission.gov.uk/supportingcharities/ogs/g058a004.asp
"2. What exemptions might apply to charities?
There are no specific exemptions for charitable or non-profitmaking
organisations and it is the responsibility of the organisation as a data
controller to satisfy itself that certain exemptions apply. Many charities
hold information about individuals. This might be in the form of mailing and
membership lists, or details about volunteers, employees or beneficiaries.
It is therefore advisable for all trustees to review what sort of personal
information they hold, how they use it and who has access to it. They should
then consider either seeking their own professional advice or contacting the
Information Commissioner's Office (see section 3 of OG 58 A2) on the extent
to which their charity is caught by the provisions of the 1998 Act.
The exemptions which might apply to a charity are those for mailing list
purposes and for accounting purposes. Further details of these exemptions
can be found in OG 58 B7 which sets out the transitional arrangements."
Nick Landau
The Numbers Game
http://www.numbers-game.co.uk
Nick Landau's Profile on LinkedIn.com
http://www.linkedin.com/in/nicklandau1
----- Original Message -----
From: Marchini, Renzo
To: [log in to unmask]
Sent: Friday, July 27, 2007 4:35 PM
Subject: [data-protection] 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
[log in to unmask]
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