Charities must now not share an individual’s data with third parties for fundraising communications unless that individual has provided express consent, under a change to The Code of Fundraising Practice.
The full wording of the new Code requirement is:
6.5 Selling/renting and sharing marketing lists
b) Even if not for payment, organisations MUST NOT share the personal data of an individual with any other organisation for that organisation’s marketing or fundraising purposes without the explicit consent of that individual to the sharing of the personal data with that other organisation or other specified types of organisation.
6.5 b) does not apply to the sharing of personal data between organisations which are within a federated structure and/or where one controls the other or both are under common control. Subparagraph 6.5 b) does not apply where the personal data are being shared with a data processor (organisations that are, under written contract, acting on behalf of another organisation e.g. professional fundraisers, data cleansers, printing houses etc.) and where the requirements with regard to data processing under the Data Protection Act 1998 (including the written contract setting requirements as to security) are also met
It means that an individual must have provided a positive indication that they agree to their personal data being shared, such as ticking an opt-in box, spoken confirmation, or the provision of contact details where the individual has been clearly informed that by giving these details they agree to their data being shared.
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