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DATA-PROTECTION  August 2007

DATA-PROTECTION August 2007

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Subject:

Re: Voluntary Bodies

From:

Tim Turner <[log in to unmask]>

Reply-To:

[log in to unmask]

Date:

Wed, 1 Aug 2007 10:45:01 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (491 lines)

It doesn't cost them 35 to process a notification, because the Commissioner now keeps all of the Notification fees, and funds the Data Protection side of the business from the proceeds. The money used to be handed back to the Treasury, but instead they keep it. I think they get funding for FOI, but I might be wrong.

They got 10,167,000 from notification fees last year (see the Annual Report for more exciting figures like this).

Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council

Tel: 01942 488354 (ext 8354)


-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: Wed 01 August 2007 10:10
To: [log in to unmask]
Subject: Re: [data-protection] Voluntary Bodies

Many small charities get this advice from the OIC. It is often wrong, in my opinion. And if you speak to a different advisor you won't necessarily get the same advice.

Could it be possible that it actually costs them more than 35 to process a register entry, and they are trying to discourage borderline registrations that they perceive as low risk?


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: "Gordon Wanless" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, August 01, 2007 8:20 AM
Subject: Re: Voluntary Bodies


I am involved with a charity that re-opened a closed council swimming pool
and now runs it as a charitable company.

We collect information from supporters and users of the pool who make use of
monthly passes etc.

I was worried about whether we should notify with the UKIC and when I
checked with them, they said that we didn't have to, so we didn't!

I know it's only 35, but as a charity you don't want to spend anymore money
than you have to.

Regards,

Gordon. 1/8/07

Gordon Wanless
Information Governance Manager

T: 0191 203 5484
F: 0191 244 6842
M: 07894 392 760
E: [log in to unmask]
W: www.nhsbsa.nhs.uk

>>> Iain Harrison <[log in to unmask]> 30/07/2007 11:45 >>>

I would add my support. I have dealt with several such bodies and when
you actually look at what they do with personal data, notifying seems
the safest course to take.

Iain

Iain Harrison
Information Governance Consultant
Leicester City Council
0116 252 7606



>>> Simon Howarth <[log in to unmask]> 30/07/2007 11:34 >>>
I agree with Tim. I think it would be very wise to voluntarily
register,
even if it is determined that the charity is exempt (I don't think it
is
though). I do a lot of work in the education sector (Government
departments)
and without going into reams of typing, I would recommend
registration.



Regards,



Simon Howarth.



From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 27 July 2007 17:08
To: [log in to unmask]
Subject: Re: [data-protection] Voluntary Bodies



Renzo,

Knowing that every penny is important for a charity, and that even 35
spent
with the UKIC is money that can't be used for charitable purposes, I'd
still
suggest notification in order to reduce the whole slew of uncertainties
that
being exempt or not exempt creates.

Your thoughts on their being potentially exempt seem to gel with the
wording
you quote. However, what happens if a purpose varies even slightly and
thus
removes potential exemption?

Against notification is the fact that the UKIC takes several warning
attempts before enforcing the offence of non registration, so it could
be a
worthwhile gamble, but is the hassle worth it?

Marchini, Renzo wrote:

I am helping a charity on a pro-bono basis in relation to a number of
issues. Without giving too much away about the identity of the
charity,
they seek to help individuals get back into education and/or work.
They
are handling personal data (in fact, sensitive personal data) of the
individuals they seek to help.



I am wondering whether they need to notify to the ICO or can rely on
the
exemption set out in Para 5 of the schedule to the Data Protection
Notification Regs 2000 (non profit-making organisations). The issue
I
have is whether the individuals which are assisted (on a perhaps
one-off
basis) fall within the "exempt purpose" set out in para (b):

(b) is for the purposes of establishing or maintaining membership of
or
support for the body or association, or providing or administering
activities for individuals who are either members of the body or
association
or have regular contact with it;

Assuming that my client "administers activities" for them whilst
providing
its assistance (which I think it does), is that individual which the
charity
is helping someone who has "regular contact" with them (they are not
members)? My instinct is no, and the exemption does not therefore
apply,
but wonder if anyone has considered the meaning of that expression in
this
context.



Renzo Marchini
Counsel
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
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