"What we have done is put a leaflet in payslips and asked for consent
and anyone who objected had to phone and their name would be taken off
the list being given to the third parties"
I'm sorry but that is not consent. Silence cannot be deemed to be
consent or an implication of consent. If I do not phone and end up on
the list I have not given consent. I'm afraid the only "safe" way to do
this is to ask staff to "opt in" i.e. reply saying that they wish to be
on the list, and those that do not reply are left off the list.
A situation exactly like this was the first DP related issue I ever
dealt with....
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 12 October 2005 11:29
To: [log in to unmask]
Subject: Re: DP Breach
Funnily enough, we are going through this very process with two
companies. What we have done is put a leaflet in payslips and asked for
consent and anyone who objected had to phone and their name would be
taken off the list being given to the third parties. What we also did
was get the other two companies to sign up to our confidentiality
statement and in that it states that if they disclosed to other parties
they would be liable.
Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516
Fax: 01835 825059
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 12 October 2005 11:24
To: [log in to unmask]
Subject: Re: DP Breach
An organisation doesn't have a right to market to its employees,
especially not at their homes, unless it has informed them in advance
that marketing will happen and at least sorted out some way of ensuring
that those who don't want to receive marketing can opt out. I think the
IC would expect people to be asked to opt-in.
An organisation can't differentiate between one type of marketing and
another purely on the basis that something is an "employee benefit" - if
a service is being marketed and promoted, and addresses of staff are
passed to the third party company who (presumably) make a profit on the
sale of the service, then the normal rules for obtaining proper consent
in order to do marketing should be observed. The world won't end if the
proper rules aren't followed, but this doesn't mean that it isn't a
breach. It is.
Tim Turner
Data Protection Officer
Wigan Council
> ----------
> From: Casillas, Mojgan[SMTP:[log in to unmask]]
> Reply To: Casillas, Mojgan
> Sent: 12 October 2005 09:56
> To: [log in to unmask]
> Subject: [data-protection] DP Breach
>
> A while ago I posted a query re direct marketing. Thanks for the
replays.
>
>
> A few days ago I mailed the individual involved and informed them of
> the breach. Below is the response I got. I'm still 100% confident of
> the breach, I even checked with ICO but due to my lack of experience
> with DP I'm not sure as to how to reply. Can anyone give some advise
> on the matter.
>
> Thanks in advance
>
> Mojgan
>
> Whilst I can see where you are coming from with the issue of the packs
> for HCI, the marketing document was a <?xml:namespace prefix = st1 ns
> = "urn:schemas-microsoft-com:office:smarttags" />College document as
> evidenced by our name being on the pack cover and the letters with our
> letter head and signature by X. Also Y are providing the computers on
> our behalf. They are college PC's. I was given assurances from Y
> that no other use of the addresses would be made and that they would
> be destroyed following the mail-shot. Staff had been made aware via
> e-mail, the intranet and through the staff benefits leaflet, that we
> were launching this scheme. As this was a benefit for all staff and Y
> had the mechanisms to distribute quickly and at no cost to the College
> it was felt the best route to take. I do not believe that we have
breached DP legislation.
> Had we issued addresses to a company to market their own product then
> I would have agreed with you.<?xml:namespace prefix = o ns =
> "urn:schemas-microsoft-com:office:office" />
>
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