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Just a few thoughts regarding your "poser" Perhaps the issue is whether the personal data was being released to a company which was considering a take over. In this case there would be reasonable grounds to assume that consent would be required as there is no relationship between the data subject and the company. Once the take over has been completed then the employer has an established contractual relationship and inferred duty of care for the employees and their data. One approach to facilitate such an exchange of data may be to establish a contract between the potential take over company and the existing company, explicity covering the transfer of the data. Providing the contract is cleared by the DPR's office and employee representatives and that there is no breach of purpose a transfer may be possible. John Robinson an NHS Data-Protection Co-ordinator -----Original Message----- From: Mitchell,Karen [SMTP:[log in to unmask]] Sent: 08 November 1999 11:52 To: [log in to unmask] Subject: Conflicting advice I wonder if any list members could help me out with some advice from the DPR's Office A few weeks ago I rang Wilmslow to ask if a company needed employees' consent before releasing personnel details to a company taking over the original company, and was told that consent was not necessary because of the nature of the circumstances Recently, during another conversation the same subject arose, and I was told that the original company did need the consent of the employees before any relevant data was released to the take-over company Does anyone on this list have any thoughts on the need for consent in this particular situation? Thanks Karen Jane Mitchell %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%