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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. Â |
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Information - From: 1999 To: 1999This page lists 3 cases, and was prepared on 08 August 2015. ÂMidland Electricity Plc -v- The Data Protection Registrar 7 May 1999 DPT J.A.C. Spokes Q.C Ms Diana Hanks and Mr Michael Jones. Information, Utilities The case asked about the degree to which an electricity supplier was able to make use of the names and addreses it acquired in its main activity, and whether such uses complied with the first data protection principle that “personal data shall be processed fairly”. Held: In assessing the fairness of processing it was relevant to take into account the purpose of the processing. Marketing material would be sent with a bill even though a customer had requested it not to be sent. There was substantial evidence that many consumers find direct mailings intrusive and a nuisance. The Direct Marketing Association's Code of Practice did not prevent marketing to existing customers. A supplier of an essential utility is in a different position to other companies. The use of the list for marketing was a use not for the purpose for which the addresses had been given. The use of the addresses for non-electrical marketing would be unfair without consent. Data Protection Act 1984 10 [ IC ] Â Â Regina -v- Department of Health, Ex Parte Source Informatics Ltd; Admn 28-May-1999 - Times, 14 June 1999; [1999] EWHC Admin 510 Â Â Regina -v- Department of Health, Ex Parte Source Informatics Ltd; CA 21-Dec-1999 - Times, 18 January 2000; [2001] QB 423; [1999] EWCA Civ 3011 Â |
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