According to the Commissioner,yes - providing you can show, via a script or
instruction/rules etc., that the seeking of consent was a formal part of
your normal procedure.
An example given by the Commissioner's office is where a party is going on
holiday and one person makes the booking. In those circumstances the OIC
would expect the travel agent to specifically ask the lead traveller if s/he
had the consent of the other members of the party to disclose any sensitive
data about health, religious dietary restrictions etc.
Alasdair Warwood
----- Original Message -----
From: "Duncan Smith" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, July 27, 2001 10:49 AM
Subject: Proof of consent
> Whilst I am on my sensitive data 'horse'.
>
> Can a data subject signify their explicit consent over the telephone or
> via a third party?
>
> If this process is meant to safeguard the data subject, how would an
> audit trail indicate that the data subject had consented when the box
> was ticked by someone else e.g. a tele-agent?
>
> Using a web page is relatively straight fwd. Here a user login might be
> used to demonstrate that it was the USER who ticked the box, and not an
> over zealous web administrator. But what if there is no login process,
> for example where I sit alongside an adviser who clicks buttons on
> his/her laptop in response to questions posed to the data subject.
>
> Without recording the conversation verbatim, the only evidence of
> obtaining consent is the record of a tick in an electronic box - hardly
> convincing as an audit trail!
>
> "He did, honest, he definitely said yes when I asked him that question!"
>
>
> Duncan S Smith
> Principal Consultant
>
> e-mail: [log in to unmask]
> gsm: +44 (0)777 556 8180
>
> Company Profiles
> "The process of Improvement"
> ----------------------------------------------------------------
> The information transmitted is intended only for the person or entity to
> which it is addressed and may contain confidential and/or privileged
> material. Any review, retransmission, dissemination or other use of, or
> taking of any action in reliance upon, this information by persons or
> entities other than the intended recipient is prohibited. If you
> received this in error, please contact the sender and delete the
> material from any computer.
>
> This footnote confirms that this email message has been swept by Norton
> Antivirus software for the presence of computer viruses.
>
> Company Profiles Huntingdon UK +44(0)1480 461671
> -----------------------------------------------------------------
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> all commands go to [log in to unmask] not the list please!
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
