" That would only leave legitimate interests, but it’s the data subject with the interest in obtaining the library card, not the data controller or a third party, so I think that’s ruled out."
Surely this is also in the interest of the library too, you want people to be users of the library as that generates an income for you?
Kind Regards,
Murray Bryant
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jon Baines
Sent: Saturday, March 31, 2018 10:54 AM
To: [log in to unmask]
Subject: Re: [data-protection] Revalidating consent
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Legitimate interests of the data subject and the data controller (or third party) don’t always have to be in clear opposition. Where there is mutual and understood benefit then it’s a banker.
(This reply is more to Ben).
Jon Baines,
Chair,
nadpo.co.uk
> On 31 Mar 2018, at 10:08, Brynn Younger Banks <[log in to unmask]> wrote:
>
> Key surely is definition of a public authority? Gdpr doesn’t provide one - under The Hunan Rights Act, for example, a body is considered to “be” a public authority depending on the nature of the function it is discharging (eg a private security firm is treated as a public authority in respect of running a prison, but not when it is engaged by a supermarket). On that basis I would argue all libraries would come under public task.
>
> Brynn Younger Banks
> Newcastle University
>
>
>
>> On 30 Mar 2018, at 17:13, Ben Heathcote <[log in to unmask]> wrote:
>>
>> Which lawful basis did you decide on, out of interest? Can’t be provision of contract, I don’t think, as there’s no consideration. Clearly not vital interests(!) Public task? Maybe for a public library, but not all libraries are public. Not legal obligation. That would only leave legitimate interests, but it’s the data subject with the interest in obtaining the library card, not the data controller or a third party, so I think that’s ruled out.
>>
>> I keep coming back to consent. Article 7(4) and Recital 43 would seem to allow for that.
>>
>> Sent from my iPhone
>>
>>> On 20 Mar 2018, at 17:31, GERTZ Renate <[log in to unmask]> wrote:
>>>
>>> I agree with Peter, we looked at that recently and consent is not the correct basis when you’re looking at terms and conditions for library use, fines and charges. Consent can never be valid as there is no free choice. You can’t get s library card without agreeing to the t&cs and to the charges.
>>>
>>> ________________________________________
>>> From: This list is for those interested in Data Protection issues
>>> <[log in to unmask]> on behalf of Peter Dinsdale
>>> <[log in to unmask]>
>>> Sent: 20 March 2018 15:55:45
>>> To: [log in to unmask]
>>> Subject: Re: [data-protection] Revalidating consent
>>>
>>> Hmmm, should they even need to rely on consent for service provision and charging? Would another legal basis not fit better?
>>>
>>> I think they'll have to get opt-in consent for any marketing emails (presuming that's the method of contact), as they wouldn't be able to rely on the soft opt-in under PECR.
>>>
>>> Regards,
>>> Peter
>>>
>>>
>>> Peter Dinsdale
>>> Data Protection Consultant
>>>
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>>> -----Original Message-----
>>> From: This list is for those interested in Data Protection issues
>>> <[log in to unmask]> On Behalf Of Phil Bradshaw
>>> Sent: 20 March 2018 14:42
>>> To: [log in to unmask]
>>> Subject: [data-protection] Revalidating consent
>>>
>>> X joins a library in 2012 and signs "I consent to the use of my personal data for the purposes of providing and promoting library services and to enable the collection of any charges that I incur as a member of the library". The first and third purposes are probably coextensive - collecting charge is part of the service.
>>>
>>> From 25 May it is proposed to make the choice more granular - separate opt-in for 'promoting'.
>>>
>>> Does the earlier consent need re-validating despite being a clear opt-in?
>>>
>>> My reading is yes based on A29WP "Ff existing procedures for obtaining and managing consent do not meet the GDPR’s standards, controllers will need to obtain fresh GDPR compliant consent". Does "GDPR standards here include standards on granularity? I think so as in the same paragraph of A29WP they talk about revision of systems to "allow for more granular indications of the data subject’s wishes".
>>>
>>> On a slightly different tack the library manager suggests simply dropping "and promoting" as "it’s of benefit to all users to know if resources have been added or cancelled" so that is simply part of 'providing' library services. I would probably (just about if enough pressure was applied!) be happy with that if he could guarantee that was the extent of "promotion" but I am an old sceptic ....
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