My take on this is that technically it is not direct marketing, because it
is not directed to particular individuals. It would be different if people
got different messages depending on the outcome of their most recent
appraisal, or something like that.
You could argue that it is no different from an advertisement in a
newspaper. Can I issue a s.11 notice to my newsagent, demanding an
advert-free paper? I think not.
On the other hand, getting a newspaper is a matter of choice, and if I don't
like the adverts I can stop buying it. Getting a payslip is not a matter of
choice. For that reason, caution would be sensible, and if people are
likely to object, don't do it.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Bradshaw, Phillip" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 09, 2009 2:58 PM
Subject: Re: marketing and payslips
Does everyone agree this is advertising or marketing?
Definitions in my dictionary :
Advertising "the business of drawing public attention to goods and
services"
Marketing "the commercial processes involved in promoting and selling
and distributing a product or service "
I think there is a strong argument that telling your own staff about
internal training options is neither of these - it is certainly not the
mischief which the section is aimed at. If not then there is no fear of
a s11 Notice and no reason not to carry on - providing covered by your
fair processing notices !.
Even if I am wrong how many of us have ever had such a s11 Notice ? It
would be quite safe in my view - providing covered by your fair
processing notices - to carry on until such time as you get one, when
you can then decide whether to stop the practice or pay the individual
in beans - or make consent a condition of the contract of employment !
Indeed I might even stretch the existing term in my contract about
complying with working rules for "the effective operation of the
Council's business ... " including "... such rules as may be implied
from the circumstances"
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4A, County Hall
EMail: [log in to unmask] <mailto:[log in to unmask]>
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Mae Cyhoeddi Cynnar yn Codi Canfod Cadarnhaol
Proactive Publishing Promotes Positive Perceptions
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Stock, Sara
Sent: 09 September 2009 12:17
To: [log in to unmask]
Subject: [data-protection] marketing and payslips
Hello all
A member of staff has asked me if she can put a message about internal
staff development opportunities on all payslips. It would be a short
message - Payroll only have space for 26 characters.
Initially I couldn't see a problem. In the past I've worked in
organisations where there were messages on payslips on a regular basis,
and often leaflets sent out with them as well, albeit normally about
issues relevant to pay (e.g. changes to pension arrangements). On second
thoughts I'm wondering if this would actually count as marketing, and as
we can't offer people an opt out of receiving messages on their payslips
then I should be saying no. I suspect that where staff development go
others will follow and I don't want to unwittingly set a precedent.
Any thoughts?
Thanks
Sara
Sara Stock
University Records Manager
University of Essex
Wivenhoe Park
Colchester
CO4 3SQ
Tel: (01206) 874853
E-mail: sstock
For general Freedom of Information queries please e-mail: foi
(non-Essex users should add @essex.ac.uk to create full e-mail
addresses)
________________________________
All archives of messages are stored permanently and are available to the
world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
Selected commands (the command has been filled in below in the body of
the email if you are receiving emails in HTML format):
* Leaving this list: send leave data-protection to
[log in to unmask] <mailto:[log in to unmask]&BODY=LEAVE
data-protection>
* Suspending emails from all JISCMail lists: send SET * NOMAIL to
[log in to unmask] <mailto:[log in to unmask]&BODY=SET *
NOMAIL>
* To receive emails from this list in text format: send SET
data-protection NOHTML to [log in to unmask]
<mailto:[log in to unmask]&BODY=SET data-protection NOHTML>
* To receive emails from this list in HTML format: send SET
data-protection HTML to [log in to unmask]
<mailto:[log in to unmask]&BODY=SET data-protection HTML>
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body
of an otherwise blank email to [log in to unmask]
Any queries about sending or receiving messages please send to the list
owner [log in to unmask]
(Please send all commands to [log in to unmask] not the list or the
moderators, and all requests for technical help to
[log in to unmask], the general office helpline)
________________________________
**********************************************************************
Privileged/Confidential Information may be contained in this message. If you
are not the addressee indicated in this message (or responsible for delivery
of the message to such person), you may not copy or deliver this message to
anyone. In such case, you should destroy this message and kindly notify the
sender by reply email. Please advise immediately if you or your employer
does not consent to Internet email for messages of this kind. Opinions,
conclusions and other information in this message that do not relate to the
official business of the Council of the City and County of Cardiff shall be
understood as neither given nor endorsed by it. All e-mail sent to or from
this address will be processed by Cardiff County Councils Corporate E-mail
system and may be subject to scrutiny by someone other than the addressee.
**********************************************************************
Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y
neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r
neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn
achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar
unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich
cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall
nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad
ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn
cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw
negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system
E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan
rywun heblaw'r person a enwir.
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|