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Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8550
Experience:  I have been practising for 30 years.
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Context: I am looking at starting a company with a

Customer Question

Context:
I am looking at starting a company with a colleague. More specifically we would like to develop an app that enables us to provide performance assessments.
What we would like to know is the following:
Can we receive and store information about other people (opinion of our users) on our servers if they are provided by another person?
We were considering ensuring that the users accept terms and agreements that they accept that the information provided is permitted to be given.
In particular. Information stored and provided by our users would be their colleagues email address (so they can be provided the summary report) and also that users review. So could we use an email address provided by our user?
Are there any particular resources you could help point us towards regarding this?
Best regards,
Paul
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

The applicable provision here is the Data Protection Act.

Whoever is going to provide you with the information/data will firstly need to be registered under the Data Protection Act and secondly will also need to have the consent to share the data with you, from whoever they got the data from or from each of the individuals if it is individuals data. Ultimately, the individual must consent even if that consent gets passed down the line from data provided to data provider.

It is the point you have made in the first paragraph of your question with regard to the user excepting terms and conditions. Make sure that they have to click to accept your terms and conditions and that they are easily viewable, before they proceed.

You cannot use an email address provided by your user if that email address is of a third party unless that third party has consented.

You would also need to be registered with the Information Commissioner under the provisions of the Data Protection Act. It is not difficult and from memory, the fee is one £40 per annum.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

It does not cost you anything but helped me greatly.

Best wishes.

FES.

Customer: replied 4 months ago.
HiCustomerThanks you for the information and the prompt reply. I would like to clarify the following:Regarding the data about the individual. I mentioned it was a review. in this case, although the subject is about another individual. The data is still an opinion. In this case, does the subject still have to provide consent?Furthermore, very briefly. Do you know if similar rules apply in the US.Cheers,Paul
Expert:  F E Smith replied 4 months ago.

If there is information/data on that client, they have to give consent to have their personal details (even just name) given out. They don’t need to consent if the review is completely anonymous if they could not be identified from it.

I haven’t got a clue about the United States but there is a legal section on Just Answer where you can ask the same question of a US attorney

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