Data Protection Act

[Margaret Lawrence]

I would be grateful for any guidance on how much personal detail can be circulated to club members. For example we produce a list of club members which includes home addresses and contact numbers.

Under the Data Protection Act are we allowed to circulate this to all members for information? Or would this be considered an infringement of the Act?

[Chris Cherrington]

I would be grateful for any guidance on how much personal detail can be circulated to club members. For example we produce a list of club members which includes home addresses and contact numbers.

Under the Data Protection Act are we allowed to circulate this to all members for information? Or would this be considered an infringement of the Act?

You are OK if your members have given permission to use their data in this way. If they have not then you might be liable.

The link is to the act itself and is heavy reading.

Also the act at present is for computer data not paper based. People have a right to see what is stored about them on your computer system. If you store data in this way you MUST register your organisation as a holder of such data. It is a criminal offence not to do so.

Check with HQ to see if their registration might cover your branch records. If not there are some serious hoops to jump through if you want to play it by the book.

In practice you will only get hassle if someone makes trouble for you.......

Chris

[Mike Halligan]

Edward knows this subject very well, so I hope he will pitch in soon. My knowledge is incomplete. I am certain, however, that manual records are now subject to the same constraints as electronic ones. There may be considerations of Freedom of Information and Human Rights to consider as well.

If everyone on your list agrees to general disclosure, then you may be able to exempt yourself from some of the provisions of relevant legislation. This is an avoidance device, and you might perhaps ask why and for whose benefit you are creating a register.

For example:- Would you be happy if one of your local toe-rags, finding a copy of the list misplaced by a member also saw your annual dinner dance advertised for 2 weeks before Christmas, then systematically burgled the more tempting addresses that night?

I fear you will find compliance more arduous and informed consent less readily given than you expect. Best wishes in your attempt even so.

Mike

[Chris Cherrington]

Edward knows this subject very well, so I hope he will pitch in soon. My knowledge is incomplete. I am certain, however, that manual records are now subject to the same constraints as electronic ones. There may be considerations of Freedom of

There was discussion of this some time back - I don't know if it happened or not. If it hasn't it will that's for sure..

You need to register - point 1. Then get permission from the people involved to give out their details - point 2. If you have this in place you should be OK. (Think of the model of the phone book here - ex-directory means I don't want details given otherwise anyone can ring me up about double glazing at any time).

Registration is free.

As I said before - it only gets nasty if someone gets annoyed, so don't get anyone annoyed and all should be OK.....

I believe that most people involved in the DPA understand the difference between a 5 person contact list for a club and spamming millions of people on the internet. However - the letter of the law is what it is so tread carefully.

Not sure who Ed is but now I'm curious. What about my old address book somewhere in the loft.........

Chris

[Mike Halligan]

Chris,

I'm hoping Edward Haynes will happen by.

In the remote chance someone takes this seriously, and explodes (see other forum pages recently), the address book is off limits. It is personal to the writer and is the subject of a specific exemption if memory serves.

Mike ;-)

[edward haynes]

Margaret

I will send you a more detailed response off line, but not for a day or too.

This is one of the areas where a Branch's Committee will only find they have a problem when an individual has complained to the Information Commissioner.

The Data Protection Act 1998 covers all personal records whether stored electronically or on paper, it also covers images i.e. photographs (especially on the Web).

As a Branch the records your members are covered by the Act (the exception for voluntary groups was removed over 2 years ago). Notification (about ?35.00) is an option, but not a legal requirement providing you can prove you notified all data subjects of the use you will be making of their data, AND for ?sensitive? data you have their consent.

The BSAC Notification covers BSAC HQ only, not Branches.

Freedom of Information is only applicable to Government Departments and Local Authorities. As a BSAC Branch it does not affect you.

The Human Rights Act is another ball game, but IMHO will only come into play if a member requires discipline.

If you want a specific query answered please contact me off-line.

Edward

[Mike Halligan]

Thanks, Edward, I knew you'd have the pukka gen.

Glad you ruled FoI out of play, it's a swine.

I'd forgotten about CCTV and the DPA, but I can't see us using it except....., (nah I'll leave that to our course organisers to deal with)

Regards,

Mike