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Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.
I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.
Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.
However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.
Under the Data Protection Act of England and Wales and the EU’s General Data Protection Regulation 2018, you as Data Controller and/or Data Processor must only process your Data Subject clients’ Personal Data for no longer than necessary to achieve your legitimate purpose for processing their Personal Data i.e. for customer services, billing and invoicing, taxation and marketing purposes with your clients’ express or implied consent.
I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.
1. Yes, you should store and process names and email addresses in accordance with GDPR.
Health information is potentially sensitive personal data, so yes, I would comply with GDPR.
Defamation is a tricky area and whether a published statement is defamatory depends on a number of factors.
For a claimant to succeed in a Defamation Claim, the following conditions must be met:
1. The statement in question must be a false statement of fact;
2. The statement must be negative and derogatory to the extent that it is capable of lowering the claimant’s standing in the opinion of right-thinking members of society;
3. The statement in question identifies or refers to the claimant;
4. The statement in question was published to a third party;
5. The statement must be capable of causing the subject “serious harm” if allowed to stand.
If your website users are the authors and posting their own comments on your website without you "vetting" them before publication, you will probably be classed as "Platform" rather than a "Publisher" and not incur direct liability for your users' defamatory content.
I have answered your questions as far as I am able to on the Portal. Obviously, there is a limited amount of advice I can give based on a few lines of text on the Just Answer instant messaging Portal. Very often the best I can do is “point you in the right direction” for the sake of seeking more detailed advice.
If you want further bespoke advice, I need to review all relevant correspondence and documents and advise in a telephone call.
I will place an offer of a Premium Service Phone Call Request through on the Portal. If you do not want this additional service, I wish you all the very best in resolving this matter and of course for safely navigating the current “choppy waters” in which we all find ourselves.
"2. Defamation or Libel --- results of the surveys would be shared on the website and also on social media. Would the results alone or with the inclusion of any opinions/analysis and commentary from myself leave me open to potential legal problems regarding defamation, libel and such. I, of course, intend to be fair, reasonable and measured in all reporting/commentary but there are frustrations with our charities/reps which would be communicated (e.g. things like: people don't think you're spending money how we want you to, your strategy isn't how we want it or we don't feel heard or listened to by our charities). My intention is also not to single out one charity, so survey results specifically on one charity would not be shared but rather I want to hold them all more to account and help them hear feedback better from the people they serve."
Yes, there is always a risk that any fact or opinion that you author and publish will be met with a claim for libel from the subject. But this will depend on the criterion above for a libel claim to succeed and the individual facts of the case.
You're welcome. All the best with your new venture!