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I wonder if I could pass on this real but edited request for info, partly as a 
check on action to be taken and partly to help others who may in future 
have similar situations.  I just received this request from a colleague in 
central administration, referring to Department XX. 

"Dept X want me to give them addresses and info on XX students to do some 
marketing research for XX courses.   I have told them so far that I will not do 
this as they are using an outside company to carry out the research.   I have 
offered, as usual, if they send us the info we would pass it on to students but 
they do not want to do this. What do you think?"

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What I think is that (since we are covered for such activity under at least one 
purpose of previous registration) it would be ok to use "agents" in this way, 
but only if a contract was drawn up which stipulated safeguards against further 
use or disclosure.  Subject to a contract, release outside is not really 
different from release/disclosure within the organisation.

I also assume that since this will probably count as NEW processing, all 
relevant provisions of the new Act will apply - and if the data includes 
sensitive data there will a need for appropriately worded notes and consent.  

The precise point I would like to check is the apparent local custom whereby
hitherto we have gone "to the top" for authorisation to release any personal 
data to outside agents.  Am I right in assuming that there is no NECESSARY 
reason why one should get such top-level permission. If the action is legal, 
it's legal. (The creation of a contract may, of course, be a reason for 
bringing in a senior officer, but that is a different issue).

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Dr Trevor Field
Senior Assistant Secretary
University of Aberdeen 
++44 (0)1224 272077







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