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
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