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Schedule 2 para 6 allows you to process on a "balance of interests" basis but you still have to comply with the fair processing code (Sch 1 part II paras 2- 4 i.e. giving the data subject information about your processing etc ---------- > From: Johnson (I.T), Peter <[log in to unmask]> > To: Data protection mailing list <[log in to unmask]> > Cc: Alison Stock <[log in to unmask]>; Sophie Pilkington <[log in to unmask]> > Subject: What is a legitimate purpose? > Date: 09 May 2000 08:51 > > Group > > Has anyone any guidance on what is meant by the DPA Schedule 2 condition > which says processing is necessary for the purposes of legitimate interests > pursued by the data controller... It sounds like the sort of clause which > makes lawyers rich! This is my immediate issue: > > We have a database of names, addresses and phone numbers which has been > generated from a variety of sources -- public records, customer contacts, > third party businesses and so on. It is used for sales canvassing calls. In > some cases we have explicit consent from the subject, in others there may > have been an opt-out offered but in many cases no direct consent will have > been sought. We screen this against the TPS list. When we make a successful > sale, we now tell the subject why we hold data about them (administer > account, statistics, debt collection, fraud and crime prevention), declare > that we may disclose to other group companies and ask for consent to use it > for further marketting. > > We do not seek consent where there is no sale. This means that most of the > justifications in Schedule 2 will not apply. So long as the subject does not > object, are we entitled to continue to hold the information? We would argue > that canvassing was a legitimate interest of our business and that the data > was necessary for that purpose. > > * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * > Peter Johnson > Business Systems Manager > Regional Independent Media > email [log in to unmask] > * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * > > > _______________________________________________________________________ > Any opinions expressed in the email are those of the individual and not > necessarily the company. This email and any files transmitted with it > are confidential and solely for the use of the intended recipient. > > If you are not the intended recipient or the person responsible for > delivering to the intended recipient, be advised that you have received > this email in error and that any use is strictly prohibited. > > If you have received this email in error please notify the IT manager > by telephone on 0113 243 2701 > _______________________________________________________________________ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%