# Daily Mail criticises RSPCA for profiling potential legacy donors

- Link: https://fundraising.co.uk/2015/09/02/daily-mail-criticises-rspca-for-profiling-potential-legacy-donors/
- Published: 2015-09-02T17:29:43+01:00
- Author: Howard Lake

**Following its report yesterday into some charities’ alleged practices of sharing
donors’ data, The Daily Mail today criticises animal charity the RSPCA for its use
of data analysis to better identify donors who might leave a legacy. It suggested
that the charity saw donors as ‘walking wallets’ and questioned how the charity 
used its donors’ data.**

Under the front page headline ‘**Revealed: how RSPCA snoops on wills of donors**‘,
the Daily Mail Investigations unit continues its analysis of the case of Same Rae,
the 87-year-old charity supporter who is suffering from dementia.

The Mail claimed that “The RSPCA pays investigators to assess how much money donors
might leave in their wills”. It added that Mr Rae was one of the charity’s donors
who “was subjected to ‘legacy prediction'”. It described this in a sub-heading as“
a disturbing new twist”.

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![Daily Mail front page 2 September 2015 - 'Revealed: how RSPCA snoops on wills 
of donors'](https://www.fundraising.co.uk/wp-content/uploads/2015/09/daily-mail-
20150902-rspca-wills-prospect-research.jpg)

Daily Mail continues its front page criticism of some charities’ fundraising methods
and use of donor data

## Legacy profiling

A subject access request by Mr Rae’s son revealed that in 2007 “Mr Rae’s details
were shared with one of the RSPCA’s data processors for the purposes of profiling
against a legacy predictor model”.

Furthermore, in 2010 the RSPCA “shared Mr Rae’s address details with our agent, 
Prospecting for Gold Ltd as part of a database screening exercise”.

The RSPCA told The Daily Mail that it had processed Mr Rae’s data lawfully. At the
same time it confirmed that it “had initiated a full review of the charity’s policies
on the use of supporters’ data and data protection statements”.

The charity added that its “use of legacy predictions was common practice for charities
and helped ‘to understand the make-up of our supporter base’.”

## FRSB to investigate

The Fundraising Standards Board said that it would “fully investigate” “the charities
exposed by the Mail”, although this sentence by the Mail seems to refer to the FRSB(
and ICO’s) response to its article published yesterday. The FRSB has published no
statement on today’s article by The Daily Mail.

## Method of fundraising or issue of consent?

It is not clear whether The Daily Mail’s principle concern is with the practice 
of legacy profiling or the question of individual’s consent over use of their personal
data.

It would appear to be both. The front page headline leads with ‘Revealed’, suggesting
that data profiling of donors is a novelty to the reporters. The business practice
of analysing and profiling consumers, clients and donors (presumably employed by
The Daily Mail’s commercial teams) is well-established around the world. Many charities,
especially those with a direct marketing programme of fundraising, have long sought
to understand better their donors’ interests, preferences (in terms of communications
received), and indeed potential to give.

Indeed, charities that did not make efficient use of their data could be said to
be failing in their duties to the beneficiaries. Specifically, by not maximising
income and minimising costs, trustees themselves could be accused of failing in 
their duty.

!['Your privacy for sale' - Daily Mail story on RSPCA, 2 September 2015, p4](https://
www.fundraising.co.uk/wp-content/uploads/2015/09/daily-mail-privacy-for-sale-20150902-
p4.jpg)

Certainly, The Daily Mail is raising the issue of consent. Again it subtitled its
two-page spread again with ‘Your privacy for sale’.

It published a timescale listing what it says were the RSPCA’s contacts with Mr 
Rae from August 2005 to February 2015. This included 10 letters from the RSPCA in
2012, and three occasions on which the charity is said to have passed Mr Rae’s name
to Acxiom Ltd, the data firm that provides similar profiling of charity donors.

## Misleading wording

Whatever the Mail’s prime concern, their wording is misleading. The RSPCA does not‘
snoop’ or otherwise investigate the ‘wills of donors’. A Will is a private matter
and only becomes public once probate has been granted, after the donor’s death.

What it and many other charities do is to analyse donors’ giving histories and sometimes
match it against other publicly available data – including news published in The
Daily Mail (lottery winners could make good legacy prospects) – to work out whom
it should present with what kind of fundraising ask, when, and for what amount. 
They, and for-profit businesses, are required to process this data under data protection
legislation, plus other relevant laws.

To describe prospect research specialists like Prospecting for Gold Ltd as ‘investigators’
is misleading too. They and other firms and long-established, provide a demonstrable
return to many charities, and save charities the cost of employing specialist staff.
They use publicly available information and commercially published data from many
sources.

Again, prospect research and legacy fundraising are both very well established elements
of fundraising and generate substantial sums for charities. Any exploration of UK
Fundraising over the past nearly 21 years will find coverage of [legacy fundraising](https://www.fundraising.co.uk/tag/legacies-planned-giving/),
[prospect research](https://www.fundraising.co.uk/tag/prospect-research/) and indeed
[Prospecting for Gold Ltd](https://www.fundraising.co.uk/?s=prospecting+for+gold).

## Response from RSPCA

Indeed, the [RSPCA makes similar arguments in its defence](http://www.rspca.org.uk/utilities/aboutus/news/details/-/articleName/2015_09_02_NEWS_Data_sharing_statement).
It points out that “more than 50% of donations to the RSPCA are made through generous
legacies and so it is important that such forecasting takes this into consideration”.

It argues that “It is good practice that the RSPCA – like any charity reliant on
donations from the public – plans for the future and forecasts its ongoing financial
position”.

It adds that:

> “Legacy predictor modelling is used by many charities and helps the RSPCA understand
> the make-up of our supporter base. It is not used to determine values of anyone’s
> legacies to the charity. We can assure our supporters that we use their donations
> effectively. For every £1 the RSPCA spends on fundraising we receive £3 back, 
> which is used to rescue animals in distress”.

## Fundraising methods criticised

Today’s publication adds **legacy fundraising**, **prospect research** and **data
analysis** to the fundraising channels and skills that the Daily Mail and other 
national newspapers have queried and criticised this year. They join **telephone
fundraising**, **direct mail**, **working with specialist agencies**, and the **
tone of some fundraising**. Criticism of **face-to-face fundraising** seems to have
taken a back seat while these investigations were being carried out.

## Donor consent is the theme

In fact, apart from demonstrating a surprising lack of awareness of how over the
past 20+ years some larger charities have adopted and adapted some commercial business
practices to make their fundraising more effective and efficient, the one consistent
theme of [The Daily Mail’s investigations](https://www.fundraising.co.uk/2015/07/12/the-daily-mail-criticises-fundraising-methods-for-five-days-running/)
and criticisms is **donors’ consent and understanding about how their personal data
is used**.
