The Deputy Commissioner (Policy) of the ICO, Steve Wood, has published a blog addressing some of the myths around the new data protection law in the lead up to Christmas. 

Here's a summary of the common misconceptions it addresses:

  • You can’t contact parents to tell them what stall they will be running at the school Xmas Fayre because you don’t have their express consent;
  • Churches cannot ask for Christmas prayers for named parishioners who are ill or sick, because their health data is protected;
  • Children can’t write public letters to Santa as their parents’ permission will be needed;
  • You can’t give a delivery driver directions to someone else’s home;
  • GDPR means you can’t get a refund if you buy something online as a ‘guest’ rather than a ‘registered user’ and it turns out to be faulty;
  • Christmas cards are banned if you don’t have the recipients’ consent; and
  • Parents can’t film or take pictures of their child’s Nativity play.

If you'd like to get answers to these questions, read the full ICO blog here

A humorous quote from the blog:

“He’s making a list,  

“He’s checking it twice,

“He’s gonna find out who’s naughty or nice,  

“Santa Claus is in contravention of Article 4 of the General Data Protection Regulation (EU) 2016/679.”

If your business keeps in mind the general data protection rules and the principles of proportionality, balance and reasonable expectations, you'll stay on the right side of the law. 

At Markel Law we regularly comment on SME related matters. 

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