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National Consumer Council seeks comments on guidelines [2000] PLBIRp 9; (2000) 52 Privacy Laws and Business International Report 15

National Consumer Council seeks comments on guidelines

THE DRAFT GUIDELINES on good practice for data controllers, based on UK consumers' views on data handling, were published last December. The UK National Consumer Council will, together with the Data Protection Registrar, develop the current draft to best practice guidelines during the course of this year.

Consumers are still confused about what rights they have under the UK Data Protection Act, and how to exercise them. This was the result of the National Consumer Council's focus group research, which is the basis for the draft guidelines. Although the Council interviewed only 73 adults and children, the respondents represent a wide mix of different ages and socio-economic backgrounds.

The respondents were divided into five groups: rural dwellers, children, people over the age of 65, people from ethic minorities and "technophiles," people confident with new technologies.

The questions focused on two things. First, how well do organisations explain to consumers the purpose for which their personal information is being collected, and secondly, how easy is it for consumers to opt-out from disclosing any personal data.

There was near universal agreement that public and private sector organisations should inform consumers better how their personal details will be used. The respondents felt that it would benefit a company's image if it were seen to actively protect privacy.

The National Consumer Council's idea of a more sophisticated opt-out tick box was widely supported. The Council has recommended that the Data Protection Registrar should adopt a national logo, which would be included in opt-out boxes with a standardised text. The possibility to opt-out could then be easily recognised by consumers. The Registrar's office is currently developing the idea further.

GUIDELINES IN DRAFT FORM

The guidelines advising data controllers how to handle personal data in a consumer-friendly way are now in draft form. The National Consumer Council is currently consulting a range of data users.

The draft guidelines include several recommendations on collecting data and obtaining consent. Companies should be open about their data processing activities. Consumers should be informed, for example, who is collecting the data, and what use will be made of it. Data subjects should be told clearly what they are consenting to when supplying information. Also, data controllers should recognise that consents should have time limits to allow for changes in individuals' circumstances. Those time limits should be made clear when the consent is obtained the first time.

Other recommendations address complaints, redress and sharing sensitive data. Any sharing of sensitive data should be covered by agreed protocols based on the protocol on exchange of information developed by the Association of Chief Police Officers (ACPO).

MORE INFORMATION REQUIRED

The National Consumer Council stresses that if the Data Protection Act is to benefit UK data subjects, people need to know more about it. The Council recommends that the Registrar repeats and extends the public education campaigns that have been successfully carried out previously. When the Act comes into force, the Registrar should clarify what constitutes an "informed consent". Data controllers in the public and private sectors should develop their own detailed guidelines and codes of practice so that individuals know what their practices are. Lastly, the Home Office should monitor satisfaction with court procedures for enforcing rights under the Data Protection Act.

The report, Consumer Privacy in the Information Age, includes the draft guidelines for comment. The report is available from the

National Consumer Council. Price £14.

Comments should be sent by 1st March to

Lucy Rhodes, Policy Development Officer,

National Consumer Council,

20 Grosvenor Gardens, London SW1W 0DH,

Tel: +44 (0)20 7730 3469

Fax: +44 (0)20 7730 0191

E-mail: lr@ncc.org.uk.