An organisation doesn't have a right to market to its employees, especially
not at their homes, unless it has informed them in advance that marketing
will happen and at least sorted out some way of ensuring that those who
don't want to receive marketing can opt out. I think the IC would expect
people to be asked to opt-in.
An organisation can't differentiate between one type of marketing and
another purely on the basis that something is an "employee benefit" - if a
service is being marketed and promoted, and addresses of staff are passed to
the third party company who (presumably) make a profit on the sale of the
service, then the normal rules for obtaining proper consent in order to do
marketing should be observed. The world won't end if the proper rules aren't
followed, but this doesn't mean that it isn't a breach. It is.
Tim Turner
Data Protection Officer
Wigan Council
> ----------
> From: Casillas, Mojgan[SMTP:[log in to unmask]]
> Reply To: Casillas, Mojgan
> Sent: 12 October 2005 09:56
> To: [log in to unmask]
> Subject: [data-protection] DP Breach
>
> A while ago I posted a query re direct marketing. Thanks for the replays.
>
>
> A few days ago I mailed the individual involved and informed them of the
> breach. Below is the response I got. I'm still 100% confident of the
> breach, I even checked with ICO but due to my lack of experience with DP
> I'm not sure as to how to reply. Can anyone give some advise on the
> matter.
>
> Thanks in advance
>
> Mojgan
>
> Whilst I can see where you are coming from with the issue of the packs for
> HCI, the marketing document was a <?xml:namespace prefix = st1 ns =
> "urn:schemas-microsoft-com:office:smarttags" />College document as
> evidenced by our name being on the pack cover and the letters with our
> letter head and signature by X. Also Y are providing the computers on our
> behalf. They are college PC's. I was given assurances from Y that no
> other use of the addresses would be made and that they would be destroyed
> following the mail-shot. Staff had been made aware via e-mail, the
> intranet and through the staff benefits leaflet, that we were launching
> this scheme. As this was a benefit for all staff and Y had the mechanisms
> to distribute quickly and at no cost to the College it was felt the best
> route to take. I do not believe that we have breached DP legislation.
> Had we issued addresses to a company to market their own product then I
> would have agreed with you.<?xml:namespace prefix = o ns =
> "urn:schemas-microsoft-com:office:office" />
>
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