I agree with those who say that the Data Protection provisions in this Bill
are a bad idea. I don't know the detailed background, but there is
certainly a lot of concern among voluntary organisations about the
difficulties they have recently been having in getting insurance for
hazardous activities (see the references in the Bill to landowners and the
armed services), and my guess is that it is all about trying to load some of
the responsibility onto participants so that the insurance becomes less of a
problem.
In that context, the disclosure of information about participants and
officers of the organisation may well be required by insurance companies,
and it would be a lot easier if the organisation could just do it without
having to worry about Data Protection.
a) I'm not sure that this blanket exemption is a good idea in principle.
b) Sledgehammer/nut.
c) The exemption goes far beyond what would be necessary if my deductions
above are right.
d) There are far more pressing problems for voluntary organisations in
the way the Data Protection Act is written or interpreted so that, for
example:
· the Act is not explicit that volunteers are agents of the Data Controller,
in the same way as employees.
· the Act does not provide for the situation where an unincorporated
association acts as a Data Controller.
· there is serious confusion over the partial Notification exemption for
non-profit-making organisations.
· no one has yet been able to explain to me the extent to which the direct
marketing opt-out applies to communications which are not directly related
to trading or fundraising.
These, and others, would be much more worthy of sorting out.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Graham Smith" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, March 02, 2004 2:17 AM
Subject: Promotion of Volunteering Bill
> May I draw your attention to Julian Brazier's "Promotion of Volunteering"
> bill, which can be found at
>
http://www.parliament.the-stationery-office.co.uk/pa/cm200304/cmbills/018/20
> 04018.htm?
>
> Section 4 of the bill would amend the Data Protection Act 1988, such that
> after section 30, there is inserted:
>
> 30A Voluntary bodies and organisations
> 35 (1) Any voluntary organisation, volunteering body, or statutory
body
> is entitled to reveal:
> (a) contact details relating to, and
> (b) the names of officers of any voluntary organisation or
> volunteering body, provided that this information is disclosed
> in good faith and other than for commercial gain.
> (2) Any voluntary organisation or volunteering body or volunteer
> shall
> not be guilty of an offence if, in good faith and other than for
> commercial gain, it or he discloses any data in circumstances
where
> the disclosures of that data was, in the opinion of the volunteer,
> voluntary organisation or volunteering body, necessary for, or
> desirable in, the public interest.
> (3) In this section, "voluntary organisation" and "volunteering
> body"
> have the same meanings as in the Promotion of Volunteering Act
2004.
>
> Seems a jolly sensible idea to me. If you agree, perhaps now is the time
to
> drop a note to your Member of Parliament, asking them to support its
> introduction.
>
> --
> Graham Smith
>
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All user commands can be found at : -
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