My view is that it would depend, at least partially, on what you told them
when you asked for permission. If you said 'we want to use your data but we
need your consent', then non-response = no consent and you can't use the
data. If you said 'we are going to use your data but you can stop us if you
choose', then you are OK to use the data of those who didn't reply.
This is a very common trap, which loads of organisations fall into. You
have basically given people three options ('yes', 'no' and 'no reply') when
you meant to give them two (either 'yes' and 'no reply' - which would
therefore equal 'no', or 'no' and 'no reply' - which would therefore equal
yes).
The only time when three choices make sense is when there are genuinely
three options - full data on the site ('yes'), no data on the site ('no')
and partial data on the site ('no reply') but unless these were spelled out
in the letter, I don't think they are now a reasonable course of action.
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: "Sarah Rainford" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, July 22, 2008 3:37 PM
Subject: Alumni Data
> Colleagues
>
> I would be grateful for some advice on the following:
>
> We have bought into an external Alumni website provision facility who will
> be acting as a data processor on our behalf. I have been asked to provide
> former student data as part of the setting up process. The last two years
> leavers cohort have been canvassed on exit to determine approval of
> personal data being included on the website. A small minority replied
> explicit in their refusal and their data will not be included.
> The majority fall into two categories, approx one third who replied with
> permission granted and again I do not have an issue with these. Approx
> two thirds did not reply, but I have been asked to submit their personal
> data for Names and start/end year data to be viewed by other members. My
> understanding is that it will be a member only sign and former students
> are being contacted prior to launch to invite them to become members.
>
> I have also been asked to provide the last five years leavers data for
> names and start/end data only to be displayed. I think from my
> understanding of DPA that displaying even this small amount of personal
> data would be contravening the DPA as it is being used for a different
> purpose than it's original purpose(which was enrolment).
>
> I would also be grateful for colleagues comments on the request to provide
> current Personal Tutor names to add to the website for students who
> subscribe to build their profiles. These tutors have not provided
> permission for their names to be included. Again I am concerned about the
> external website providers request with regard to DPA.
>
> I look forward to your thoughts and comments
>
> Sarah Rainford
> CIS Manager
> Blackpool Sixth Form College
> 01253 394911 Ext:232
>
>
>
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