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Subject:

Re: University Prospectus - front covers [UNC]

From:

Simon Howarth <[log in to unmask]>

Reply-To:

Simon Howarth <[log in to unmask]>

Date:

Mon, 14 Jan 2019 12:27:52 -0000

Content-Type:

text/plain

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I'm really with Seth on this. Legal or not, is it wise to do it?

Just because something is legal, does not mean to say it's OK to do it. Ethics and reasonableness should always play a part. 

It may be fine to do in terms of lawfulness. However, read what you said carefully, and then imagine someone whose picture is used (whether guessed rightly or wrongly) and then the press reporting more or less what you wrote:

"it is believed that the marketing assistant made a guess from the person's name and address and other personal and sensitive information gathered by the University and this was used on a prospectus aimed at prospective students in the mistake assumption that the student was part of that ethnic group. Mr. Patel told the <insert tabloid here> that whilst his great grandparents came from <insert continent here> his mother was from Glasgow and his Father was a <insert profession of your choice here>. In our forthcoming series of articles we ask 'is it OK to just take a guess?'"

I suggest that something reported in the negative will have the exact opposite effect of "tuned" prospectuses (prospecti?).

Why not get students who are willing to be on covers, and ask them for these details directly, thereby doing the job properly?

Just a thought.

Simon.

Simon Howarth MSc. MBCS CITP CIPP/E
Director & Consultant

The Information Edge
(Webtech Systems Limited)

Tel.: +44 (0) 7836 365588
www.informationedge.co.uk


-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Speirs, Seth
Sent: 10 January 2019 10:50
To: [log in to unmask]
Subject: Re: [data-protection] University Prospectus - front covers [UNC]

Though equally, you are not actually providing them with any different data as a result of the "profiling" so in that sense you are not treating anyone differently as a result of the processing.

That said it seems a lot of hassle to go to for little gain (along with the possibility of unlawful processing)

-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ciaran Ward
Sent: 10 January 2019 10:27
To: [log in to unmask]
Subject: Re: [data-protection] University Prospectus - front covers [UNC]

This sounds dangerously close to processing of special category PD (ie race/religion) without lawful purpose. And also the fact that just because a person has a name that suggests they may be from a certain ethnic/religious background doesn't necessarily mean that they are - so as you say this is effectively profiling.  Having grown up in Northern Ireland I'm all too well aware of this sort of thing!  So I would steer well clear.


Ciaran Ward
Information Rights Officer
Guildford Borough Council


-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jude
Sent: 10 January 2019 10:19
To: [log in to unmask]
Subject: [data-protection] University Prospectus - front covers

Our university Marketing / Student Recruitment team are considering publishing a future prospectus with a variety of covers each featuring a head and shoulders close up of one person e.g The person on each of the five front covers would reflect the diversity of the population. The content of the prospectus would be identical. One idea is that the marketing assistant makes a guess from the person's name and address (i.e. the information the requester provides through the online request form) as to which front cover might relate best to them i.e. gender, race. The team have asked for advice whether this is within data protection legislation. One the one hand I think it is standard marketing strategy to try to make your advertising relate to the target audience but on the other hand alarm bells of 'profiling' are in my head. The profiling would just be a guess, but I'm not sure whether this makes is better (i.e. not profiling) or worse (inaccurate). Any thoughts? Do other organisations do something similar and if so do you need to justify and document it?
Thank you

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