A Serious Internet Law Type Question

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Alright, my boss has just asked me to do something which I think it actually illegal under the Data Protection Act, or similar such web laws, or at least my understanding of them.

OK, here's our dilemma. We have a website on which there is a questionnaire you can use to diagnose if you have Dyslexia or not. We *used* to have an option which you could click and have us not be contacted.

(We no longer have that option, which I think is pretty annoying, myself, but hey, whatever.)

However, we now have a bunch of historical contacts who have requested that they *not* be contacted. My boss has just asked me to upload them to our marketing database anyway.

I don't think it's legal to do this. I believe that if someone has asked not to be contacted or marketed to or whatever, under data protection laws, we have to honour that request.

What should I do?

― Possibly Kate Again (kate), Wednesday, 9 June 2004 14:25 (twenty-two years ago)

kate you know that to contact them is wrong so dont put their names on the database. If your employer has a problem with that, tell them to persue legal action, you can then blow them away in the courts and walk to your new job with a reputation for honesty and a fad wad of cash in your pocket. I am dislexic by the way, not that that is of any interest.

― lukey (Lukey G), Wednesday, 9 June 2004 14:28 (twenty-two years ago)

I don't *know* for certain that it is legally wrong, it's just a vague memory from when I worked at the advertising agency. Also, we're a UK company. I know in the US, if you are dealing with salespeople, if you ask to be put on a "no calls" list, they are legally obliged to honour it. I was wondering if there was something similar in the UK.

I don't think my boss is malicious, and I doubt I'll be sacked for it, I just want to know what our legal position is. I don't want to lead the company into something illegal.

― Possibly Kate Again (kate), Wednesday, 9 June 2004 14:30 (twenty-two years ago)

Do you have an ethics hotline or ethics protocol through HR? You should report it to them. If you think you're being asked to do something illegal, don't do it. And document conversations about it. (Or better yet, have them over email.)

Keep in mind though, you could be wrong, or your boss could just be ignorant & not meaning any harm. Act as though a cordial resolution is possible.

― dave225 (Dave225), Wednesday, 9 June 2004 14:31 (twenty-two years ago)

xpost-ah

― dave225 (Dave225), Wednesday, 9 June 2004 14:31 (twenty-two years ago)

I think it's legal to put them on, but not to actually contact them.

― mark grout (mark grout), Wednesday, 9 June 2004 14:32 (twenty-two years ago)

Yea, mention it to your boss that it exposes the company to liability. Nicely.

― HAMBURGER NEURON GROUP (ex machina), Wednesday, 9 June 2004 14:33 (twenty-two years ago)

I'm trying to look it up on the internet (duh) but the only things I seem to get are law firms offering legal advice I would have to pay for. Sigh.

― Possibly Kate Again (kate), Wednesday, 9 June 2004 14:35 (twenty-two years ago)

Kate, I'm not sure what the laws are in the UK, but it would definitely be illegal in the US. I'd say be open about it - tell your boss that you/he should discuss this with a legal adviser before doing anything. Hopefully he'll respect your integrity and the fact that you care about what you're doing. If he says "nah, it's cool - do it" (or something along those lines) then be firm - ask him to prove to you it's legally OK. You can always claim that you're protecting yours and the company's interests by asking this.

― Rob Bolton (Rob Bolton), Wednesday, 9 June 2004 14:36 (twenty-two years ago)

kate, try restricted the google search to a relevent government website. They probably have a page describing this.

― HAMBURGER NEURON GROUP (ex machina), Wednesday, 9 June 2004 14:37 (twenty-two years ago)

Yay, for finally finding a .gov.uk site that had the full text:

Right to prevent processing for purposes of direct marketing.

11. - (1) An individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing for the purposes of direct marketing personal data in respect of which he is the data subject.

(2) If the court is satisfied, on the application of any person who has given a notice under subsection (1), that the data controller has failed to comply with the notice, the court may order him to take such steps for complying with the notice as the court thinks fit.

(3) In this section "direct marketing" means the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals.

That sounds to me that if people ask not to be marketed to, you bloody well have to not do it.

― Possibly Kate Again (kate), Wednesday, 9 June 2004 14:39 (twenty-two years ago)

you can then blow them away in the courts and walk to your new job with a reputation for honesty and a fad wad of cash in your pocket

SAY YO BITCH TO A WAD OF CASH, KATE!

oh, and thanks for the txt.

― CharlieNo4 (Charlie), Wednesday, 9 June 2004 14:42 (twenty-two years ago)

You don't want a reputation for honesty. A regard for it, sure.

― mark grout (mark grout), Wednesday, 9 June 2004 14:48 (twenty-two years ago)

Kate, they have asked not to be contacted. The Data Protection Act therefore makes it illegal for you to contact them. Tell your boss this - the company can be prosecuted. Putting them in a database is not an illegal act, however, so I wouldn't advise you to take a stand there.

― Martin Skidmore (Martin Skidmore), Wednesday, 9 June 2004 14:48 (twenty-two years ago)

They are in the database, actually, already. With DO NOT CONTACT in big bold letters all over the records. What my boss actually wants me to do is somehow stick together a big list and hand it over to the sales team. Which I ain't doing, and I've just sent an email to my boss, with the exact passage of the Data Protection Act quoted.

― Possibly Kate Again (kate), Wednesday, 9 June 2004 14:50 (twenty-two years ago)

aaaawicked gwan kate!

― lukey (Lukey G), Wednesday, 9 June 2004 14:56 (twenty-two years ago)

So do I get my cred back at work, then, despite spending half the day looking at naked Jeff Goldblum pictures?

― Possibly Kate Again (kate), Wednesday, 9 June 2004 15:16 (twenty-two years ago)

go to the Citizens Advide Bureau. although that isnt very quick. do you have to do this right now?

― ambrose (ambrose), Wednesday, 9 June 2004 15:19 (twenty-two years ago)

I think this has been sorted now. Its classic Data Protection Act stuff, you are saving your boss a lot of trouble since he would be responsible for ordering you to do it (especially if you whistle blew).

― Pete (Pete), Wednesday, 9 June 2004 15:22 (twenty-two years ago)

(My boss is a she, BTW. Ha-HEM.)

― Possibly Kate Again (kate), Wednesday, 9 June 2004 15:23 (twenty-two years ago)

Phew, my boss just came back to me and said thanks for flagging it up, so it is all sorted now. I wasn't expecting a fight, I was just slightly scared about all of us being dropped in the soup over it.

― Possibly Kate Again (kate), Wednesday, 9 June 2004 15:26 (twenty-two years ago)

i still think you should SAY "YO BITCH" TO A WAD OF CASH. but then I would.

― CharlieNo4 (Charlie), Wednesday, 9 June 2004 15:28 (twenty-two years ago)

I think you should look askance at your boss for conceiving that marketing to people who asked not to be marketed to wasn't a bit fucked up.

― Markelby (Mark C), Wednesday, 9 June 2004 15:30 (twenty-two years ago)

Looking askance after the fact would appear a bit odd. A bit hard to interpret.

― N. (nickdastoor), Wednesday, 9 June 2004 15:31 (twenty-two years ago)

My boss is actually usually quite cool, she doesn't mind askance looking and threatening to stick pencils through people's eyes and stuff. ;-)

(Hence why I thought the request was so odd and flummoxing.)

― Possibly Kate Again (kate), Wednesday, 9 June 2004 15:36 (twenty-two years ago)

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