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I've had the same problem with the definition of direct marketing too. For example, is our course choice mailing to all registered students inviting them to sign up for the following year marketing or not? Our current approach is that it isn't and we are not offering an optout but we do tell students at the outset that a use of their data is to tell them about current and future study opportunities. Advice from the ODPC was to ask ourselves whether particular items had a competitive element about them i.e whether we were trying to promote ourselves(or others) over other providers of those products/services. Items of a general information nature could be distinguished. I'm not sure how helpful this is though since there is often an element of both. Gail Waters DP Coordinator Open University > -----Original Message----- > From: Paul Ticher [SMTP:[log in to unmask]] > Sent: 29 January 2001 10:57 > To: [log in to unmask] > Subject: Re: University fund-raising > > This discussion has got me thinking. I'm a primary school Governor, and I > also > train voluntary organisations in Data Protection, so I feel I need to know > the answer. > > I think the issue for me is not so much whether the communication is > directed to the individual, as whether it is direct marketing - where the > Act's definition is not particularly helpful. My understanding of direct > marketing is that it has to be inviting the recipient to enter into a new > transaction with the sender. Thus a letter asking parents to contribute > to > a new classroom fund probably would be direct marketing. A letter > inviting > them to parents' evening would not be. > > When our school writes to parents about trips it is usually along the > lines > of 'we need your permission to take your child out on this trip, and by > the > way could you pay a few pounds towards it.' I don't see how anyone could > require the school not to send them such a letter, as the school has a > legal > responsibility to get the parent's permission. Leaving aside the question > of whether our state schools should be so dependent on direct parental > contributions, are we really saying that the DPA requires us to produce > two > versions of the letter, one for most parents, the other for those who have > opted out? > > I think not, because the opt-out right (s.11 of the Act) states that the > data subject can 'require' the data controller 'in writing' not to > [process] > personal data for the purpose of direct marketing. In our school, letters > are sent to parents via the children, by being handed out in class, and > with > no specific parent's or child's name on each letter. I don't see where > any > processing of personal data relating to the parents is taking place. > Letters posted to the parents at home would involve processing, of course, > but if the request for a contribution is incidental to the request for > permission, I'd be reluctant to view it as direct marketing. > > I generally find that the DPA does not force you to behave in illogical > ways, but you sometimes have to think round the issue before you can find > a > way through. Does the above argument make sense to others, or have I > missed > something here? > > Paul Ticher > Information Management > 0116 273 8191 > 22 Stoughton Drive North, Leicester LE5 5UB > > ----- Original Message ----- > From: Craig Brown <[log in to unmask]> > To: <[log in to unmask]> > Sent: 26 January 2001 12:45 > Subject: Re: University fund-raising > > > > Dave > > > > I don't think your children's school did get round the problem by > omitting > > your name. Isn't this very similar to direct marketing which is defined > as > > the targeting of 'particular individuals'? You were targeted as a > parent. > > I had a conversation on a similar matter with the DPC's new HE/Local > > Government Compliance Officer yesterday and he agreed that you don't > have > to > > be named to be targeted as a particular individual. > > > > Craig > > ----------------------------------------------- > > Craig S R Brown > > Senior Administrative Assistant > > Registrar's Office > > University of Leicester > > University Road > > Leicester > > LE1 7RH > > > > Tel: 0116 252 5077 Fax: 0116 252 5000 > > E-mail: [log in to unmask] > > > > > > > -----Original Message----- > > > From: Dave Wyatt [SMTP:[log in to unmask]] > > > Sent: Thursday, January 25, 2001 12:33 AM > > > To: [log in to unmask] > > > Subject: Re: University fund-raising > > > > > > Sarah > > > As a parent and data subject I get approached for no obligation > > > contributions to my children field trips but am assured that they will > not > > > be prejudiced if I fail to contribute. Like many parents I support > where > I > > > can. But hang on I've got the good old DPA to protect me from such > > > approaches using the 'guilt' approach. However the school solved that > by > > > omitting names and having the children bringing the letters home to > whom > > > it > > > may concern. > > > > > > Reactions using DPA are usually based on volumes of requests in any > given > > > period or sometimes simply bad day, but opt out is a right individuals > > > have > > > and can choose to use so I agree it is prudent for all those looking > to > > > get > > > a result from such marketing/fundraising to respect opt out as best > > > practice, failure to do so simply builds resistance. > > > > > > David > > > > > > > > > > > >