Print

Print
I think you’ve answered your own question - you don’t sell the courses. Money does not change hands between you and the student, so the soft opt-in cannot possibly apply.

Tim Turner
2040 Training
www.2040training.co.uk

On Tue, 13 Nov 2018 at 13:13, JESSICA PEMBROKE <[log in to unmask]> wrote:

Hello,

 

Is anyone able to direct me to/ give me any clarity on the definition of “sale” in terms of the soft opt in within the Privacy and Electronic Communications regulations.

 

Use of electronic mail for direct marketing purposes

(3) A person may send or instigate the sending of electronic mail for the purposes of direct marketing where—

(a)that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;

 

We don’t ‘sell’ courses to learners as they don’t directly pay for them (government funding) but they do enter an agreement with us to receive the services e.g. an A Level course

 

Can we rely on the “soft opt in” to send marketing to students (about similar courses etc.) without consent providing our other obligations are met (e.g. unsubscribe/opt out opportunities, marketing is clear in privacy statement)?

 

Many Thanks

 

Jessica Pembroke

Legal Advisor and Data Protection Officer

Cheshire College - South & West

Email: [log in to unmask]

Data Protection enquiries: [log in to unmask]

 

cid:image013.jpg@01D3886B.1D888200

 

cid:image014.jpg@01D3886B.1D888200

 cid:image008.jpg@01D43AEF.5A6AA400

cid:image009.jpg@01D43AEF.5A6AA400

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Peter Dinsdale
Sent: 13 November 2018 12:20
To: [log in to unmask]
Subject: Re: [data-protection] Online reporting of assault - using Article 9(2)(b)

 

So are the company the controller in this scenario?

 


On 13 Nov 2018, at 10:11, Cartwright, Christine <[log in to unmask]> wrote:

Hi all

 

We are looking into using an online tool to enable students to report instances of assault, harassment etc. without having to make a report in person. The company providing the software says that they are processing special category data under Article 9(2)(b), ‘for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject’.

 

Specifically they say the processing is ‘for the purposes of carrying out the obligations and exercising specific rights of the University or of the data subject in order to provide appropriate safeguards for the fundamental rights of and uphold a duty of care to the data subject.’

 

I haven’t come across this provision used in this way before and I’d be interested for colleagues views on whether this is a reasonable interpretation. My understanding of social protection law is that it relates to social services work and I am unclear as to what the collective agreement may be.

 

I know I could ask the company to confirm how they came to that conclusion but I just wanted to check whether my sense of uncertainty was unfounded!

 

Many thanks
Christine


______________________________________________________________________
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
______________________________________________________________________

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):

All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)

 


Save paper, please think twice before printing this email.

Equinox House | Cobalt 3.2 | Cobalt Business Park | Silver Fox Way | North Tyneside | Newcastle upon Tyne | NE27 0QJ
T. 0191 238 0111 | F. 0191 238 0127 | Service Desk Direct Line. 0191 238 0121
Perfect Image Ltd. Registered in England & Wales. Company Registration Number: 2650067
Registered Office: Equinox House, Cobalt 3.2, Cobalt Business Park, Silver Fox Way, North Tyneside, Newcastle upon Tyne, NE27 0QJ

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not represent those of Perfect Image Ltd. If you are not the intended recipient, please notify us at [log in to unmask] and be advised that you have received this mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

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):

All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)

 

 

Confidentiality: This email and its contents and any attachments are intended only for the above named. As the email may contain confidential or legally privileged information, if you are not the above named person or responsible for delivery to the above named, or suspect that you are not an intended recipient please immediately delete or destroy the email including any attachments. Security and Viruses: You should carry out appropriate information security checks before opening any email or attachments. The College accepts no liability for loss or damage caused by software viruses. Monitoring: The College undertakes monitoring of both incoming and outgoing emails. You should therefore be aware that if you send an email to a person within the College it may be subject to any monitoring deemed necessary from time to time. The views of the author may not necessarily reflect those of the College.

Access as a public body: The College may be required to disclose this email (or any response to it) under the Freedom of Information Act, 2000, unless the information in it is covered by one of the exemptions in the Act.

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):

All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [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):

All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)