# Are we being overcautious regarding the Data Protection Act?

- Link: https://fundraising.co.uk/2013/01/24/are-we-being-overcautious-regarding-data-protection-act/
- Published: 2013-01-24T15:11:03+00:00
- Author: Finbar Cullen

I try to make sure that I work to the guidelines produced by the [Researchers in Fundraising Special Interest Group](http://www.institute-of-fundraising.org.uk/groups/sig-researchers)(
RiF). For example, I have always tried to avoid including any “[sensitive personal data](http://www.ico.gov.uk/for_organisations/data_protection/the_guide/key_definitions.aspx)”
as defined in the Data Protection Act.

I even exclude information on nationality, when downloading information form sources
drawing on Companies House information. I am quite happy to indicate a connection
with other jurisdictions, or support for relevant organisations, but try to be careful
about how I phrase things.

However, I have recently discussed this with other prospect researchers, and have
been led to believe that our approach may be way too cautious. Apparently we can
in fact process “sensitive personal data”.

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I am not sure that I can afford to spend loads of money on obtaining detailed legal
advice, to confirm this, but I wonder, for example, if the [“legitimate interests”](http://www.ico.gov.uk/for_organisations/data_protection/the_guide/conditions_for_processing.asp)
gives us greater scope for action than many of us believe? If we have been overcautious,
then we can process much more data. This can only help our efforts as prospect researchers
and fundraisers.

I know they are all busy people, but maybe RiF could revisit this issue.

Finbar Cullen, [Research **Plus**](http://www.researchplus.co.uk)

 

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