It's an easy one to solve when you have thought about it. I would say that in the instance you describe the artist has no rights to the personal information at all. However, part of our business is conference management. As delegates register and pay we always ask the question to the effect that we would like to pass their email address on to conference sponsors and/or conference speakers and/or conference stall holders. That way the individuals could opt out of having their details passed around. Same thing could be done when selling tickets? I mean they get you tick a box to agree that you are ecstatic about being charged an extra five quid on top of the price as a "booking fee", and you can't opt out of that or you don't get the ticket. Imagine what it would be like being given a real option! Simon Howarth. -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz Sent: 22 October 2013 12:45 To: [log in to unmask] Subject: [data-protection] The artist formerly known as data protection Dear All, Interesting scenario has arisen. Artist books a venue. Venue handles all the details, including payments and booking system for clients most of whom are regulars to the venue. The venue markets the event and publicises it. Artist performs. Artist then asks for personal data of all the people who booked so that they can create a mailing list to develop their fan base. Question: Who is the data controller? Is the Artist a joint data controller with the venue? If so, can they insist that the venue provide all the contact details of the people who attended so that they can market to them? My view is that the artist is not a data controller nor a joint data controller because they have no say in how the personal data is to be collected or the manner in which it is to be processed. However, I would be interested to know if anyone else has dealt with this situation. http://www.ico.org.uk/for_organisations/guidance_index/~/media/documents/lib rary/Data_Protection/Detailed_specialist_guides/data_controllers_and_data_pr ocessors.ashx I could see a money making possibility as artists propose contracts that have a key data protection clause that, as part of the contract to perform, that they obtain the audience contact details as collected by the booking company. I could see booking companies offering this as a service for a fee, with the usual caveats of privacy notices and DPA principles being met. I would be interested in your views on this scenario. Thanks Lawrence ________________________________ Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html If you wish to leave this list please send the command leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm Any queries about sending or receiving messages please send to the list owner [log in to unmask] Full help Desk - please email [log in to unmask] describing your needs To receive these emails in HTML format send the command: SET data-protection HTML to [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html If you wish to leave this list please send the command leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm Any queries about sending or receiving messages please send to the list owner [log in to unmask] Full help Desk - please email [log in to unmask] describing your needs To receive these emails in HTML format send the command: SET data-protection HTML to [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^