Phil Booth Profile picture
Mind 'for hire'; critical friend to just causes. Formerly and currently @NO2ID; still also @medConfidential

Jul 3, 2020, 6 tweets

Hi, @ICOnews! Your advice to pubs, etc. on #collecting customers' details is (at this point in time) incorrect, where it says they are "#required" 👇 ico.org.uk/global/data-pr…

Until the appropriate Minister issues #Regulations, e.g. under section 45C of #PHA1984, the Government...

...has "#required" nothing; it is simply making a #request.

In other words, #collecting such details is entirely #voluntary on the part of the pub/bar/whatever - and #providing their details is entirely voluntary on the part of the customer.

Later in your advice, you use...

...the phrase "#encouraged to collect", which is (until #Regulations are laid for each nation) more accurate.

However, in listing people's #DataProtection #Rights, you omit to mention the most relevant one, i.e. their #RightToObject to #processing!

That you suggest pubs, etc...

...rely on #LegitimateInterest as their #LegalBasis, and because the Government has not (yet) issued #Regulations to #require the collection of #PersonalData, means that people's right to #object certainly applies.

Please could you update your advice to reflect the actual...

...position in law, so that business owners & their customers are clear about what they are #required to do & what they can freely #choose to do (or not). Thanks.

P.S. When relevant #Regulations do appear here: legislation.gov.uk/secondary?titl… it'd be good if your advice linked to them.

I see I'm not the only one concerned about this:


And - kudos! - I see you've already updated your advice in certain regards:


Given the confusion that's bound to arise this weekend, it's important that public advice is accurate.

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