This will depend on the contractual arrangement. Are you proposing to
engage them to collect your debts, and pay them a fee, or to sell the debt
to them?
If the former, they are likely to be a Data Processor. I can send you my
very brief checklist for assessing the compliance of Data Processor
contracts, if that would help. The key thing is to ensure that the data is
kept secure and used for nothing other than your purposes.
If the latter, you would probably need to inform the data subjects that this
data transfer was taking place, and for what purpose. After that, it would
be up to the debt collection agency, I think, as they would be the Data
Controller.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Terry Hutchinson" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, March 17, 2011 1:31 PM
Subject: Debt Collection Agencies
Hi
I have been asked to look at the 'pitfalls' of using a debt collection
agency to assist with pursuing unpaid fees/invoices etc. with regard to
data protection.
I have had a look on the ICO website and identified some issues that
would need to be considered but I was wondering if anyone has any quick
views or a concise guide (or could point me in the direction) that would
assist in clarifying what we can do and what security
measures/agreements/contracts we should have in place?
Any comments/views/assistance would be gratefully received!
Thanks & Regards
Terry
Terry Hutchinson
Head of Registry
Registry S.4.900
Doncaster College
The Hub
Chappell Drive
Doncaster
DN1 2RF
Tel: 01302 553967
Fax: 01302 553520
Information & Guidance: 0800 358 7575
Website: www.don.ac.uk <http://www.don.ac.uk>
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