"ComplianceSpeak"

UK Fundraising 'Perfect Pitch'

iCompli's information law and privacy expert Duncan Smith gives talk to UK Charities

On February 21st, Duncan Smith presented a fast-paced presentation to UK Charities about the benefits of permission-based marketing and how key fundraising activities are impacted by both UK legislation and industry codes of practice.

The wide-ranging talk tackled some of the more difficult questions faced by fundraising managers, including donor database cleansing, re-consenting for expanded marketing and the vexed question of email opt-in versus direct marketing opt-out.

"Judging by the questions I fielded after the presentation, it was clear that the ideas I presented for re-consenting lapsed donors and how to stop donors from opting out of direct marketing struck a chord with many". Duncan Smith.

In conjunction  with the event, iCompli are running to charity focussed one-day workshops, to help fundraising managers and membership managers get to grips with the data protection act and the privacy and electronic communications regulations.

"With only 40 places available, we expect that we should have some packed, fun days!" Duncan Smith

More information about these workshops can be found here.

Jail sentences for theft of data

For the first time courts will be able to jail people who trade in - or deliberately misuse - the personal data of others.

The Department for Constitutional Affairs (DCA) today said it planned to lock them up for up to two years, along with anyone else who might spread other people's private business about for other reasons.

Lord Falconer, Secretary of State for Constitutional Affairs and Lord Chancellor, said:

"We are determined to do all we can to stamp out this intrusive and illegal trade".

The Government intends to amend section 60 of the DPA to increase the penalties available to the Courts. Currently section 60 provides for:

• On summary conviction, a fine not exceeding the statutory maximum; and
• On conviction on indictment, a fine (unlimited).

The new Section 60 penalties will be ...

• On summary conviction, up to six months imprisonment (increased to twelve months imprisonment in England and Wales when s154 of the Criminal Justice Act 2003 comes into force); and
• On conviction on indictment, up to two years imprisonment.

As for when this will become law, the DCA says, "The Government will introduce this amendment when Parliamentary time allows".

We'll keep you informed!

Technorati Tags: DCA, data protection act, lord falconer

Data Protection crimes lead to jail sentences

ICO Press release of Jan 29th, 2007 reads ...

"Liverpool Crown Court sentenced four men to prison today for their involvement in fake data protection agencies. Francis Boyd pleaded guilty to dishonestly obtaining £401,545 from businesses demanding a payment to register under the Data Protection Act between 1 December 2002 and 2 April 2004. Between 1 March 2004 and 17 March 2005 Michael Boyd, Paul Barton and Mark Deary worked together obtaining £206,596 in a similar fashion."

Francis Boyd was sentenced to two and half years in prison, Michael Boyd was sentenced to 8 months, Paul Barton 12 months and Mark Deary 18 months.
Passing sentence, the judge said this was ‘a well planned and sophisticated enterprise.’ It was a ‘scam cloaked with the appearance of officialdom’

I have to say that this was a good idea done badly.  They could probably have made a very profitable AND legal business out of this by outsourcing all the perceived pain that goes with data protection compliance and notification. You don't have to deceive someone for them to see a good outsourcing opportunity.  They may have attracted fewer customers initially (the lack of a fear factor being the primary reason), but there are many opportunities to help businesses manage compliance.

Too greedy, and too few morals I guess.

Has the wolf bared it's teeth?

BMA computer failure wipes out membership details

"Thousands of doctors have had their detailed membership records wiped out following a huge computer failure in a new IT system built for the British Medical Association" : Guardian Friday February  2, 2007 ...

"the collapse of the system has led to huge numbers of members being removed from its records without their knowledge."


The question from a data protection perspective has to be whether this now exposes the BMA to compensation claims from doctors who suffer financial damage (and subsequent distress) as a result of the loss of their detailed records.

One source is quoted as saying "The worst case scenario would be where there was a major instance of unfair dismissal and they weren't supported - they can cost hundreds of thousands of pounds. It is worrying, and could definitely lead to problems."

If such a failure to provide support was attributable to the failure of the BMA to adequately protect the doctors personal data of the doctors, then a claim for compensation under the Data Protection Act 1998 would be  a likely next step.

A compensation claim of this nature could also have a significant element related to the distress suffered by the doctor.

This could turn out to be a very costly Ctrl Del!



Technorati Tags: bma, data protection act, compensation