The UK legislation based on Directive 95/46/EC puts Article 7 (Sched 2) into the Article 6 (the 1st Principle); that is why we have the current 1st Principle in the UK Act However, if you don't have an Article 7 (Sched 2) ground it does not matter whether the processing is fair or unfair; you can't process. In general what I am saying is that if there are no grounds for the processing, then all the Principles are an irrelevant consideration as processing should not occur! In the GDPR the grounds for the processing have to be in the FPN (or the right to be informed - as it will become) Does that do it? C From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Paul Ticher Sent: 01 November 2016 09:22 To: [log in to unmask] Subject: Re: [data-protection] Hawktalk: Digital Economy Bill promises a Statutory Code of Practice on Direct Marketing covering DPA and PECR I've come to this late, as I was away last week. This is a useful post, but I don't understand why Chris argues that Schedule 2 must be considered before the Principles. Surely compliance with the Principles (including fairness in Principle 1) is the obligation placed on Data Controllers by the Act, and Schedule 2 is subordinate to Principle 1. Failure to meet a Schedule 2 Condition rules out compliance with Principle 1, I agree, but so does a lack of fairness, regardless of Schedule 2. Thankfully, GDPR separates the two issues entirely. Article 5 contains the Principles and Article 6 independently sets out the possible bases of legitimate processing. Best wishes, Paul Paul Ticher 0116 273 8191 www.paulticher.com <http://www.paulticher.com> 22 Stoughton Drive North, Leicester LE5 5UB ----- Original Message ----- From: Chris Pounder <mailto:[log in to unmask]> To: [log in to unmask] <mailto:[log in to unmask]> Sent: Wednesday, October 26, 2016 2:46 PM Subject: FW: Hawktalk: Digital Economy Bill promises a Statutory Code of Practice on Direct Marketing covering DPA and PECR Digital Economy Bill promises a Statutory Code of Practice on Direct Marketing covering DPA and PECR Just published on Hawktalk: <http://amberhawk.typepad.com/amberhawk> http://amberhawk.typepad.com/amberhawk Clause 77 of the Digital Economy Bill will establish a statutory Direct Marketing Code of Practice that has the same status as the Data Sharing Code of Practice. This Code should finally put to bed all the controversial issues with respect to Direct Marketing (e.g. whether there should be "opt-in" or "opt-out"), the meaning of "consent" in the context of marketing and when it is possible to engage in Direct Marketing without the consent of the data subject. In interested, go to blog C _____ 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 Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format): * Leaving this list: send leave data-protection to [log in to unmask] <mailto:[log in to unmask]&BODY=LEAVE%20data-protection> * Suspending emails from all JISCMail lists: send SET * NOMAIL to [log in to unmask] <mailto:[log in to unmask]&BODY=SET%20*%20NOMAIL> * To receive emails from this list in text format: send SET data-protection NOHTML to [log in to unmask] <mailto:[log in to unmask]&BODY=SET%20data-protection%20NOHTML> * To receive emails from this list in HTML format: send SET data-protection HTML to [log in to unmask] <mailto:[log in to unmask]&BODY=SET%20data-protection%20HTML> All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask] <mailto:[log in to unmask]> Any queries about sending or receiving messages please send to the list owner [log in to unmask] <mailto:[log in to unmask]> (Please send all commands to [log in to unmask] <mailto:[log in to unmask]> not the list or the moderators, and all requests for technical help to [log in to unmask] <mailto:[log in to unmask]> , the general office helpline) _____ _____ 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 Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format): * Leaving this list: send leave data-protection to [log in to unmask] <mailto:[log in to unmask]&BODY=LEAVE%20data-protection> * Suspending emails from all JISCMail lists: send SET * NOMAIL to [log in to unmask] <mailto:[log in to unmask]&BODY=SET%20*%20NOMAIL> * To receive emails from this list in text format: send SET data-protection NOHTML to [log in to unmask] <mailto:[log in to unmask]&BODY=SET%20data-protection%20NOHTML> * To receive emails from this list in HTML format: send SET data-protection HTML to [log in to unmask] <mailto:[log in to unmask]&BODY=SET%20data-protection%20HTML> All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask] <mailto:[log in to unmask]> Any queries about sending or receiving messages please send to the list owner [log in to unmask] <mailto:[log in to unmask]> (Please send all commands to [log in to unmask] <mailto:[log in to unmask]> not the list or the moderators, and all requests for technical help to [log in to unmask] <mailto:[log in to unmask]> , the general office helpline) _____ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^