I believe that when a child is legally capable of understanding the law and
giving or withholding consent that they assume that duty. I also believe
that the consent process may not be deleted to or assumed by another person.
Thus I would view your collection of data about (eg) my putative children as
excessive and in breach of the act.
I seem to recall a discussion in Scotland about an "Age of minority"
substantially below the age of majority. It led us to a discussion about
the teenager disaster years, but not Adrian Mole.
_____________________________________________________________
Tim Trent
Chief Privacy Officer EMEA
Gartner
EMEA Marketing, Tamesis, The Glanty, Egham, Surrey, United Kingdom,
TW20 9AW
Switchboard +44 (0)1784 431 611, Direct Line +44 (0)1784 267 335, Mobile +44
(0)7710 126 618
Visit our home on the web: http://www.gartner.com
The opinions expressed in this message are my own, and may or may not
reflect those of my employer. They are expressed as a part of the
discussion on the JISCMail mailing list on data protection and for no other
purpose. They have no legal standing and are offered as part of informed
and informal discussion. They may NOT be attributed to Gartner in any way.
Any personal data provided is provided expressly for use of discussions on
the JISCMail Data Protection Discussion list. Under the UK Data Protection
Act 1998 I expressly forbid any individual or organisation to make
commercial use of my data published either on the email list or in the
archives of that or other lists whether this message appears or not. This
includes messages already published in the archives.
-----Original Message-----
From: Emma Chilcott [mailto:[log in to unmask]]
Sent: 23 May 2002 14:46
To: [log in to unmask]
Subject: Children's consent to processing
Thank you to those you responded to my last question. I greatly
appreciated receiving your views. So now on to my next one . . .
If, as part of our financial sales process, we want to gather information
about customer's children (name, date of birth) for the purpose of rapport
building with the customer in the future (arguably, we only really need to
know the number of children and whether they are financially dependent for
financial planning purposes), would this contravene DP as we are collecting
this information about an identifiable individual (the child) without their
consent? Would we need to get the child's permission or can the parent
give consent on their behalf? I'd appreciate thoughts / views / comments
on this?
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