Allotments at risk from aliens

Alice Brander
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Wed 2 May 2018, 18:37

That's useful - thanks Hannen. Perhaps there will be a link between this and a reduction in overall waste.

Hannen Beith
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Tue 1 May 2018, 09:09 (last edited on Tue 1 May 2018, 09:10)

Broadly speaking correct Alice - especially if the charity is a member of the Institute of Fundraising. Or you can register here:
https://www.fundraisingregulator.org.uk/the-fundraising-preference-service/
But cold postal mass marketing from commercial organisations is, for reasons I won't bore you with, not caught. You can register here to stop some junk mail, but not all:
https://personal.help.royalmail.com/app/answers/detail/a_id/293/~/how-do-i-opt-out-of-receiving-any-leaflets-or-unaddressed-promotional-material%3F
Allotments - I agree. I doubt whether the Regulator will have the time or inclination! On the other hand the GDPR gives us all "the right to be forgotten" so if you are on any list you can ask the organisation to remove your details. If they don't they could face a fine.

Alice Brander
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Mon 30 Apr 2018, 21:41

I'm hopeful that GDPR will take me off loads of unwanted mailing lists. I'm happy to support the charities of my choice but why do they have to fill my recycling bin with sales stuff and raffle ticket books. I'm guessing that Governments will be too busy to worry about the allotments mailing list.

Hannen Beith
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Wed 25 Apr 2018, 19:03

David, this is the sort of thing I mean, taken from the ICO website.
"There are three elements to the legitimate interests basis. It helps to think of this as a three-part test. You need to:
identify a legitimate interest;
show that the processing is necessary to achieve it; and
balance it against the individual's interests, rights and freedoms.
The legitimate interests can be your own interests or the interests of third parties. They can include commercial interests, individual interests or broader societal benefits.
The processing must be necessary. If you can reasonably achieve the same result in another less intrusive way, legitimate interests will not apply.
You must balance your interests against the individual's. If they would not reasonably expect the processing, or if it would cause unjustified harm, their interests are likely to override your legitimate interests."

Hannen Beith
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Wed 25 Apr 2018, 18:47

Spot on David. However nothing in the GDPR is cut and dried imo. Risk may be low.
However, there are strict conditions for legitimate interests. If an organization cannot show that it has met them it is potentially in breach.

David Thomas
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Wed 25 Apr 2018, 15:55

The "legitimate interests" aspect in GDPR is pretty flexible for most enthusiast organised bodies. I sense that the comments in the thread below are painting a rather extreme interpretation in relation to hobbiest type groups: see ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/legitimate-interests/

Hannen Beith
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Wed 25 Apr 2018, 09:32

Hi Stephen. Due to client confidentiality I shall send you a reply via this website. Best wishes, Hannen.

stephen cavell
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Wed 25 Apr 2018, 09:04

Hannen - I am a Director of Wychwood House (Charlbury) Management Company Ltd; we are 13 members; much of our communication is by email. Do I have to get each member to sign a Data Protection Communication Permission?

Hannen Beith
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Tue 24 Apr 2018, 09:00

You're right Jon. I've had a couple of clients who run purely paper based systems. If they've no website and do not send out newsletters I advise them to burn or shred out of date records and keep the others in a locked cabinet or box. Of course, to be fully compliant they should appoint a data controller, identify and train data processors, have a procedure for a subject access request etc. etc. but really!
I think the blanket nature of the Regulation is disproportionate. One can only hope that the UK's home grown DPA will be more sensible and e.g. exempt small voluntary organisations.

Jon Carpenter
(site admin)
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Mon 23 Apr 2018, 15:27

But it doesn't just apply to organisations that keep members' or supporters' information on a computer, does it? It applies even if you keep the data in a notebook or on filing cards. It's a disincentive against running any kind of organisation however small.

Hannen Beith
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Mon 23 Apr 2018, 11:12

Ah! Here you go:
A new threat is hanging over the nation's allotments ?" and it has nothing do with brassicas or peonies, but a piece of EU legislation called the general data protection regulation.

The new law, which will come into force on May 25, is aimed at protecting…

Long post - click to read full text

Christine Battersby
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Mon 23 Apr 2018, 09:33

As this article is behind a paywall, do please explain what it says.

Hannen Beith
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Mon 23 Apr 2018, 09:28

https://www.thetimes.co.uk/article/d9b56a7c-45a5-11e8-a171-006f480ab6fd

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