In terms of customer keeping both, charge them for both. If the company offers a returns service then as Jonathan says, it's still necessary for performance of the contract. It's the other half of the delivery service.
Victoria Blyth
Information Strategy Manager
Information Management Team
London Borough of Barnet, North London Business Park, Oakleigh Road South, London N11 1NP
Tel: 020 8359 2015
please consider the environment - do you really need to print this email?
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 18 September 2014 10:04
To: [log in to unmask]
Subject: Re: [data-protection] Passing customer details on to a courier
Strikes me it's still necessary for the performance of a contract.
> On 18 Sep 2014, at 10:02, "Ian Griffiths" <[log in to unmask]> wrote:
>
> Thanks everyone so far.
>
> The main question relates to the return, ie. consent is assumed for
> the delivery but does that extend to a collection at a later date.
>
> The specific circumstance is that the retailer sent the item but
> before it arrived the customer called to change their mind so the
> retailer sent the other one as well. Hence the customer now has two
> and isn't in any hurry to return the first one.
>
> Ian
>
>
>
>
> ----- Original Message -----
> From: "Jane Holden" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Wednesday, September 17, 2014 10:21 AM
> Subject: Re: [data-protection] Passing customer details on to a
> courier
>
>
> I agree. As a consumer using an online retail site I expect, by the
> nature of the transaction that the retail site will have to disclose
> certain information about me, including to a courier service, in order
> for the goods to be delivered/returned
>
> As a regular online purchaser :) I receive notification/documentation
> informing me that an appointed courier will deliver/collect my items.
>
> It's a natural expectation of the customer.
>
> Jane
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
> Sent: 17 September 2014 10:08
> To: [log in to unmask]
> Subject: Re: [data-protection] Passing customer details on to a
> courier
>
> Isn't this a situation where the processing is necessary for the
> performance of a contract to which the data subject is a party?
>
> Or am I missing something?
>
> Jon Baines,
> Chairman
> www.nadpo.org.uk
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Paul Ticher
> Sent: 17 September 2014 09:26
> To: [log in to unmask]
> Subject: Re: [data-protection] Passing customer details on to a
> courier
>
> This is harder (to me, at least) than it looks, because it's not
> something I would bother thinking about normally. Imagine you told
> the customer that you are about to send them a consignment but you
> can't tell the courier their name and address 'because of data protection'.
>
> That suggests to me that in giving the name and address you almost
> certainly have the customer's consent (thus meeting Schedule 2)
> provided you have informed them that the delivery will be made by
> courier (Principle 1 Transparency and Principle 2). Your data is
> presumably relevant and accurate (Principles 3 and 4), and if the
> goods are secure, the data is secure (Principle 7). I can't see an issue with Principles 5, 6 or 8.
>
> An address on its own, however, is not personal data. So if you are
> worried you could always omit any personal details (but might end up
> delivering to the wrong person).
>
> I refuse to discuss whether the courier is a Data Controller or Data
> Processor, but I suspect the former.
>
>
> Paul Ticher
> 0116 273 8191
> www.paulticher.com
> 22 Stoughton Drive North, Leicester LE5 5UB
>
> For continuous priority support on Data Protection, sign up to my
> support
> service:
> www.paulticher.com/data-protection-services
>
>
> ----- Original Message -----
> From: "Ian Griffiths" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Tuesday, September 16, 2014 12:34 PM
> Subject: Passing customer details on to a courier
>
>
>> Quick one, can someone just confirm for me as a retailer which
>> sections of the act I'm relying upon in order to be able to pass a
>> customer's address on to a courier?
>>
>> Furthermore would that extend to allowing the courier to pick up a return?
>>
>> Assuming no additional correspondence with the customer after the
>> initial sale except to tell them the stuff would be being collected.
>> ie. no additional permission saught.
>>
>> Thanks
>>
>> Ian
>>
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