Dear All,
Interesting scenario has arisen. Artist books a venue. Venue handles all the details, including payments and booking system for clients most of whom are regulars to the venue. The venue markets the event and publicises it.
Artist performs. Artist then asks for personal data of all the people who booked so that they can create a mailing list to develop their fan base.
Question: Who is the data controller? Is the Artist a joint data controller with the venue? If so, can they insist that the venue provide all the contact details of the people who attended so that they can market to them?
My view is that the artist is not a data controller nor a joint data controller because they have no say in how the personal data is to be collected or the manner in which it is to be processed. However, I would be interested to know if anyone else has dealt with this situation. http://www.ico.org.uk/for_organisations/guidance_index/~/media/documents/library/Data_Protection/Detailed_specialist_guides/data_controllers_and_data_processors.ashx
I could see a money making possibility as artists propose contracts that have a key data protection clause that, as part of the contract to perform, that they obtain the audience contact details as collected by the booking company. I could see booking companies offering this as a service for a fee, with the usual caveats of privacy notices and DPA principles being met.
I would be interested in your views on this scenario.
Thanks
Lawrence
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