It's an easy one to solve when you have thought about it. I would say that
in the instance you describe the artist has no rights to the personal
information at all. However, part of our business is conference management.
As delegates register and pay we always ask the question to the effect that
we would like to pass their email address on to conference sponsors and/or
conference speakers and/or conference stall holders. That way the
individuals could opt out of having their details passed around. Same thing
could be done when selling tickets? I mean they get you tick a box to agree
that you are ecstatic about being charged an extra five quid on top of the
price as a "booking fee", and you can't opt out of that or you don't get the
ticket. Imagine what it would be like being given a real option! 

Simon Howarth.

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 22 October 2013 12:45
To: [log in to unmask]
Subject: [data-protection] The artist formerly known as data protection

Dear All,
Interesting scenario has arisen. Artist books a venue. Venue handles all the
details, including payments and booking system for clients most of whom are
regulars to the venue. The venue markets the event and publicises it.

Artist performs. Artist then asks for personal data of all the people who
booked so that they can create a mailing list to develop their fan base.

Question: Who is the data controller? Is the Artist a joint data controller
with the venue? If so, can they insist that the venue provide all the
contact details of the people who attended so that they can market to them?

My view is that the artist is not a data controller nor a joint data
controller because they have no say in how the personal data is to be
collected or the manner in which it is to be processed.  However, I would be
interested to know if anyone else has dealt with this situation.
http://www.ico.org.uk/for_organisations/guidance_index/~/media/documents/lib
rary/Data_Protection/Detailed_specialist_guides/data_controllers_and_data_pr
ocessors.ashx

I could see a money making possibility as artists propose contracts that
have a key data protection clause that, as part of the contract to perform,
that they obtain the audience contact details as collected by the booking
company. I could see booking companies offering this as a service for a fee,
with the usual caveats of privacy notices and DPA principles being met.

I would be interested in your views on this scenario.

Thanks

Lawrence


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