28 Mar ICO unveils GDPR guidance
The much-awaited legitimate interests guidance Information Commissioner’s Office (ICO), writes Rosemary Smith from Opt-4.
An early review of the guidance shows that the ICO has taken a measured approach but mailing houses will be delighted that legitimate interests for post is identified as “likely to be appropriate”.
There are caveats, but charities will be heartened by a specific and positive example which discusses fundraising material sent by post to individuals who have donated to them in the past and have not previously objected.
The ICO says that the example is likely to be admissable based on the facts that data being processed is “names and addresses only” and that it would be reasonable for individuals to expect they may receive marketing material by post given their previous relationship.
There is always the need to do a formal balancing test and the ICO provides a template for this which clients will be able to use.
News on whether third party data providers will be able to rely on legitimate interests for postal data sharing is less clear.
This is definitely possible, but the data provider must be transparent about sharing at the point of collection.