Opt Out tends to negate the concept of "informed consent".

Thus a booklet of 1,000 attendees that left the EEA without that informed consent could be considered to be the organiser breaking the law.

I am not really in favour of Opt Out, even where it is lawful, as the North East Surrey Crematorium is discovering

simon howarth wrote:
[log in to unmask]" type="cite">
How is a properly executed "opt-out" process in any way breaking the law?

Simon Howarth.

Quoting Tim Trent <[log in to unmask]>:

  
The protection is for the organiser.  As organiser you have a duty not 
to break the law.  What folks do with their business cards and badges is 
their full and free choice

Tim Turner wrote:
    
I'm not entirely sure what protection is offered by an opt-in 
attendance list. I have to admit that I have never seen such a thing 
in real life.
 
Given that most people walk around events with their names prominently 
displayed on badges, and distribute their business cards like Hansel 
and Gretel's trail of breadcrumbs, I think there's a reasonable 
expectation that people attending an event will know who the other 
people are. Following the Tribunal's decision in Harcup, I think it's 
clear that attendance lists don't have significant DP implications.
** 
*Tim Turner
Data Protection / FOI Officer *

*Legal and Property Services **
Email address: [log in to unmask]
Postal address: Town Hall, Library Street, Wigan, WN1 IYN *


------------------------------------------------------------------------
*From:* This list is for those interested in Data Protection issues 
[mailto:[log in to unmask]] *On Behalf Of *Tim Trent
*Sent:* Mon 11 February 2008 11:25
*To:* [log in to unmask]
*Subject:* Re: [data-protection] IT Decision on Durant, event lists, 
and ICO

I moved to consent based attendee lists as soon as the DPA came in.  
This upset my employer at the time since they were about to print a 
5,000 person attendee list with no opt in.  BUT they saved £1,000 on 
the print run!


Since those days I have ceased producing attendee lists altogether 
because so few folk opt in, though I used to try to gather it

My advice is ALWAYS to get opt in because the list is:

    * Passed to third parties
    * Potentially exported from the EEA
    * Potentially used for unlawful purposes by the recipient


Ibrahim Hassan wrote:
      
Dear Colleagues

The recent Tribunal decision on Harcup v ICO and Yorkshire Forward
        
contains
    
some very useful points for discussion. This is about the disclosure of a
list of those who attended YF events and there organisations.

I have discussed these on my website in response to a question posted
        
there.
    
Rather than cutting and pasting the whole conversation, I have pasted the
link below. Apologies for this. In summary:

1. It calls into question the ICO Durant Guidance
2. It requires all of use to consider how we deal with event attendance
        
lists.
    
Please see

http://www.informationlaw.org.uk/userimages/forum.htm

Ibrahim Hasan

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