When looking for a Schedule 3 condition, don't forget SI 2000 No.417.
Paragraph 4 permits processing which:
"(a) is in the substantial public interest;
(b) is necessary for the discharge of any function which is designed for the
provision of confidential counselling, advice, support or any other service;
and
(c) is carried out without the explicit consent of the data subject because
the processing -
(i) is necessary in a case where consent cannot be given by the data
subject,
(ii) is necessary in a case where the data controller cannot reasonably be
expected to obtain the explicit consent of the data subject, or
(iii) must necessarily be carried out without the explicit consent of the
data subject being sought so as not to prejudice the provision of that
counselling, support, advice or any other service."
Comments;
Para 4(a) - I have no idea what this means.
Para 4(b) - this is extraordinarily broad because it extends to 'any other'
confidential service.
Para 4(c) - although it is not an open and shut case, I would have thought
that either condition (ii) or (iii) could be met in the case under
discussion.
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Marilyn Barton" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, November 23, 2011 11:22 PM
Subject: Call Recording in a call centre
We are a housing association, recording all calls to and from our call
centre for lawful business purposes.
I know that it is not necessary to advise callers during the course of the
call that the call is being recorded, so long as we have made reasonable
effort to inform potential callers that this is our practice. We don’t have
a recorded message advising callers that their call may be recorded, but we
have taken actions to make our customers aware that recording may take place
via letter headings, publications and our web site. In surveys we have been
praised because, rather than having to go through an automated process to
reach an operator, calls are answered directly by an advisor, so we would
like to avoid a recorded message if we can.
Our dilemma is whether this is adequate when discussing sensitive personal
information, as defined in the DPA and whether we are meeting the conditions
in Schedule 3 of the Act. Should we be requesting explicit consent to record
calls if sensitive personal information is being discussed?
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