Agreed - you cannot assume consent.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of simon howarth
Sent: 23 July 2008 10:24
To: [log in to unmask]
Subject: Re: Alumni Data
I'm sorry, I don't agree with Paul and have experience with ICO
involvement of this very thing from a utilities contact point of view.
It is not fair to say "Unless you contact us to say no, we'll use your
information" (or equivalent). Absence of an answer is not consent. It is
not the same as implied consent via a form that someone is filling out
where a contract may be implied. If the wording is correct on such a
document then consent can be implied. However, if you are contacting
someone to ask if their details can be used you CANNOT assume that
silence is consent, or state that this will be the case. The ICO
provided this guidance several years ago to us when I was doing some
work for a well known elastictrickery firm.
However, maybe foreseeability may be used here? Is it reasonable for a
student to expect their personal details to be used in Alumni
activities? I would suggest possibly, and perhaps ask the ICO what they
think. If they agree, then information may be provided (if you wish)
without asking, although you may decide not to be so draconian.
Simon Howarth.
Quoting Paul Ticher <[log in to unmask]>:
> 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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Simon Howarth
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