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24 March 2017 / Bethan Walsh
Issue: 7739 / Categories: Features , Charities , Data protection
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Data obligations

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Charities must ensure that data is handled correctly, says Bethan Walsh

  • Charities must recognise the serious repercussions of mishandling customer data.

Following the recent fines issued to British Heart Foundation (BHF) and the RSPCA (£25,000 and £18,000 respectively) at the end of 2016, the Information Commissioner’s Office (ICO) has now notified a further 11 charities that it intends to fine them for breaching the Data Protection Act 1998 (DPA 1998). The charities were investigated by the ICO as part of a wider operation following media reports about significant pressure placed on supporters to contribute to charities.

BHF and RSPCA fell foul of the DPA 1998 in relation to:

  • data sharing through a donor data swapping scheme called Reciprocate;
  • wealth screening; and
  • data-matching (telephone matching).

These practices were found to be in breach of the first principle of DPA 1998, which states that any personal data must be processed fairly and lawfully. The ICO’s decision was mainly based on the fact that BHF and the RSPCA had not sufficiently informed their supporters that their

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

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Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

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NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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