I agree with Tim. I think it would be very wise to voluntarily register, even if it is determined that the charity is exempt (I don’t think it is though). I do a lot of work in the education sector (Government departments) and without going into reams of typing, I would recommend registration.

 

Regards,

 

Simon Howarth.

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 27 July 2007 17:08
To: [log in to unmask]
Subject: Re: [data-protection] Voluntary Bodies

 

Renzo,

Knowing that every penny is important for a charity, and that even £35 spent with the UKIC is money that can't be used for charitable purposes, I'd still suggest notification in order to reduce the whole slew of uncertainties that being exempt or not exempt creates.

Your thoughts on their being potentially exempt seem to gel with the wording you quote.  However, what happens if a purpose varies even slightly and thus removes potential exemption?

Against notification is the fact that the UKIC takes several warning attempts before enforcing the offence of non registration, so it could be a worthwhile gamble, but is the hassle worth it?

Marchini, Renzo wrote:

I am helping a charity on a pro-bono basis in relation to a number of issues.  Without giving too much away about the identity of the charity, they seek to help individuals get back into education and/or work.   They are handling personal data (in fact, sensitive personal data) of the individuals they seek to help.   

 

I am wondering whether they need to notify to the ICO or can rely on the exemption set out in Para 5 of the schedule to the Data Protection Notification Regs 2000 (non profit-making organisations).    The issue I have is whether the individuals which are assisted (on a perhaps one-off basis) fall within the "exempt purpose" set out in para (b):

(b) is for the purposes of establishing or maintaining membership of or support for the body or association, or providing or administering activities for individuals who are either members of the body or association or have regular contact with it;

Assuming that my client "administers activities" for them whilst providing its assistance (which I think it does), is that individual which the charity is helping someone who has "regular contact" with them (they are not members)?  My instinct is no, and the exemption does not therefore apply, but wonder if anyone has considered the meaning of that expression in this context.

 

Renzo Marchini
Counsel
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
[log in to unmask]
www.dechert.com

 

  
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