I certainly don't think this complies with Principle 1.
Without going into all the details, I think it is:
a) Unfair, in a general sense, especially because it is in the small
print, and because it is not specific enough: it reads like a legal
catch-all, not a true statement of their likely activities.
b) Insufficiently transparent, because it doesn't explain the purposes
for which the data will/may be transferred to other parties.
c) Unlikely to comply with Schedule 2 in several areas (for example
provision of personal details to the press without the opportunity to opt
out).
If the data is genuinely used for all these purposes, then it is also likely
to fall foul of Principle 3.
In order to fulfil all these purposes, data must be collected which is
irrelevant to other purposes. Since there is no necessary link between many
of the purposes, you could argue that the data should be collected
separately for each purpose, as and when it becomes necessary. Now, it may
be that the data collection form makes this clear: e.g. "Tick here if you
want us to claim Gift Aid. Your details will then be passed to HMRC." (I
can't think of any other reason for sharing data with HMRC.) Somehow I
doubt it.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "CHARLES OPPENHEIM" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Saturday, March 26, 2011 7:01 PM
Subject: is this legal?
The website www.walkthewalk.org, which does fund raising for research into
breast cancer, makes the following statement in its privacy policy for all
those who wish to participate in its sponsored walks:
"WTW processes your personal data (as defined by the Data Protection Act
1998 (“the 1998 Act”)) for the following purposes:your entry into
events;keeping you informed about our work; promotions and future events run
by WTW and third parties;achieving the charitable objectives and marketing
of a charitable organisation;fundraising;marketing and selling our products
and those of any subsidiary or group company;using your photograph or a film
image or sound recording of you to promote WTW or to advertise the
objectives of WTW;printing your name in any press listing of the
participants of any event into which you have entered;transferring your
personal data to any group or subsidiary company or any company with which
we have a contractual relationship in respect of the collection of data, the
fulfilment of services or the sale of products; transferring your personal
data to HM Revenue and Customs;transferring your personal data to the
charities to whom
it grants funds;transferring your personal data to organisations that
support the objects of WTW; andwith your consent, to send you information
about WTW by email in accordance with the Privacy and Electronic
Communications (EC Directive) Regulations 2003.We collect personal
information from you when you communicate with us by any media. We may also
collect personal data which relate to you from third parties"It further
states that those who do not wish to have their personal data used in that
way have to write a letter - there is no opt out possible on its web
site.I'm just wondering - is it legal to require someone to register to do a
fund raising walk online, but they can only opt out by writing a letter
rather than permitting an opt out onlineCharlesProfessor Charles Oppenheim
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