I agree with Phil - we do the same here with follow up surveys and where we know this is going to take place we include it in the Privacy Notice for the scheme in question and in our overarching policy. As a public body it is all part of our "public task" although it should be said that we do have some quite general powers under the legislation which governs us as a PTE (most notably s10A of the Transport Act 1968).
Best wishes,
Michelle
Michelle Brown
Information Manager
Transport for Greater Manchester
2 Piccadilly Place, Manchester M1 3BG
Direct line: 0161 244 1123, Extension 701123
www.tfgm.com
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 19 February 2019 10:10
To: [log in to unmask]
Subject: Re: [data-protection] Learner Surveys - consent not required??
I can't speak for FE specifically but the approach you suggest seems sound.
By analogy patient surveys are conducted in NHS and the use of patient data to conduct those is not by consent, but under official authority. They have the benefit of a specific requirement in R17 (2)(a) of The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 to assess the quality of the experience of service users.
You may need to look carefully however at what you already have in place. Any options for marketing and surveys must be kept separate. If these have been conflated you may risk misleading people if they think they have opted out of all surveys and you then try to conduct one based on public task. If there is a survey opt-out it should, perhaps, explicitly exclude those.
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