David, See http://www.legislation.gov.uk/ukpga/1998/29/section/31 which specifically points to charities having exemption for various reasons - mostly to do with transparency of operation. Phillip
PHILLIP BARNETT SERVER MANAGER 200 GRAY'S INN ROAD LONDON WC1X 8XZ UNITED KINGDOM T +44 (0)20 7430 4474 F E phillip.barn...@itn.co.uk WWW.ITN.CO.UK Please consider the environment. Do you really need to print this email? ________________________________________ From: David Earl [da...@frankieandshadow.com] Sent: 26 August 2011 12:08 To: Barnett, Phillip Cc: 80n; talk@openstreetmap.org; Ed Avis Subject: Re: [OSM-talk] [Osmf-talk] Membership applications from Skobbler employees On 26/08/2011 11:33, Barnett, Phillip wrote: > From the legislation guidance notes > "An individual is 'identified' if you have distinguished that individual > from other members of a group. In most cases an individual's name > together with some other information will be sufficient to identify them." > http://www.ico.gov.uk/upload/documents/determining_what_is_personal_data/whatispersonaldata2.htm > > So if you had said that a large number of applications had been made > from Apple employees, then since we have no way of knowing whether every > single Apple employee, up to and including the janitor, had made an > application to join, we are not be able to reverse-engineer the > membership status of any individual employee, and so this is not > 'personal' information but aggregate group information. > > And therefore the Data Protection Act doesn't come into it. Interestingly, when we converted an organisation recently to an official Charity under UK law, the Charity Commission wanted us to make it a requirement that the full membership list (names and home addresses) was available on demand to any member who requests it. That is the default position of their model constitution for charities. This seemed to us very odd indeed, quite contrary to Data Protection principles. The CC didn't actually insist on that as a requirement of our constitution, but we queried the point with them and they basically said "the organisation is the membership and if you can't show to someone that the membership exists, then the organisation doesn't exist" (I paraphrase). See Part 2, sec 8.4 http://www.charity-commission.gov.uk/library/guidance/gd3text.pdf David Please Note: Any views or opinions are solely those of the author and do not necessarily represent those of Independent Television News Limited unless specifically stated. This email and any files attached are confidential and intended solely for the use of the individual or entity to which they are addressed. If you have received this email in error, please notify postmas...@itn.co.uk Please note that to ensure regulatory compliance and for the protection of our clients and business, we may monitor and read messages sent to and from our systems. Thank You. _______________________________________________ talk mailing list talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/talk
