Innovations Mail Order Limited v The Data Protection Registrar
 UKIT DA92_31491 (29 September 1993)
DATA PROTECTION TRIBUNAL
INNOVATIONS (MAIL ORDER) LIMITED
- and –
DATA PROTECTION REGISTRAR
(CASE DA/92 31/49/1)
Before the Chairman (J.A.C. Spokes); Mrs Kathleen Foss and Mr A B Cowling.
(i) The Registrar was satisfied that the appellant had contravened and is contravening principle 1 of the Data Protection Principles in that it has unfairly obtained and continues to unfairly obtain information to be contained in personal data by its advertisements and promotional material for the sale of consumer products to the public.
(ii) The Registrar is so satisfied because one of the purposes for which the data are to be held, used or disclosed, namely the purpose of trading in personal information is not adequately stated on all such advertisements and promotional material.
"For your information. As a service to our customers we occasionally make our customer lists available to carefully screened companies whose products or services we feel may interest you. If you do not wish to receive such mailings please send an exact copy of your address label to (address)".
"… it should be possible for marketing lists to be made available to third parties for direct marketing purposes provided that the data subject has been informed directly or by some other appropriate means at the time of collection, or at some later stage, of the possibility of transmitting the data to third parties unless he has objected."
"16. Certain individuals will have provided their names and addresses to the appellant, at a time when the said individuals did not know that their personal data would be included in a list broked by the appellant to other legal entities."
29th September 1993
Amended paragraph 6.1
"Paragraph 6. Because of the matters referred to above the Registrar hereby gives notice that in exercise of his powers under Section 10 of the Data Protection Act, 1984 he requires that from the date this notice comes into effect;
(a) advertises the sale of consumer goods to the public, and
(b) it is reasonable to anticipate that the advertisement will result in information being obtained by the data user, and
(c) the data user intends to hold that information as personal data, and
(d) the data user intends or may wish to hold, use or disclose that personal data for the purpose of trading in personal information as well as the purpose of customer client administration apparent from the advertisement,
(ii) (a) the data user must explain in the advertisement that it intends or may wish to hold, use or disclose the personal information for the purpose of trading in personal information, and
(b) any such explanation shall be clearly expressed in ordinary language and placed in a position of reasonable prominence in the advertisement;
(iii) if the data user does not explain its purpose on an advertisement then, subject to paragraph
(iv) below, it must not hold, use or disclose personal data obtained by the use of that advertisement for any purpose other than that of customer client administration apparent from the advertisement,
(iv) nothing in this notice shall prevent the use of personal data for the purpose of trading in personal information in any case where prior to any such use for the said purpose
A (a) the data user has contacted any person from whom the data was obtained, and
(b) has explained to him that the data user intends or may wish to hold, use or disclose the personal data for the purpose of trading in personal information, and
(c) has asked for and obtained his positive consent in writing to the use or disclosure for that purpose,
B (a) the data user has notified the individual that, in the event that the individual purchases further goods from the data user within the following six months then the data user intends or may wish to hold, use or disclose the personal data for the purpose of trading in personal information, and
(b) the individual does so purchase goods from the data user within the said period of time,
(v) for the purposes of this notice "customer client administration is as defined in the appellant's registered purpose PO13 Customer/Client Administration and includes the provision of continuing services as well as discrete sales. It does not include registered purpose PO18 Trading in Personal Information.