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.
----- Original Message -----
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
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
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