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Is Father Christmas putting our children at risk?

11/12/07
Every year thousands of bright eyed kids write letters to Big Red requesting the latest toys for Christmas, but what is he doing with this information?

With recent losses of data from major Government departments it proves even the largest organisations can make mistakes with the data entrusted to them, but experts have been warning that Santa Claus could be breaking privacy laws in his collection and use of data.

'Customers' are not told how long the data will be retained, or if it will be used for other purposes such as marketing by third parties.

"There is a stream of questions Santa has yet to answer," said William Malcolm, a data protection specialist at Pinsent Masons, the law firm behind OUT-LAW.COM. "Is this information used for anything other than present giving? Information passes out of the EU, so does Santa check the letters for unambiguous, specific and informed consent to this overseas transfer?"

The outfit has made numerous attempt to contact the Lapland headquarters of St. Nick with no reply, although he may be left on the right side of the law by the loophole which means the Data Protection Act only applies if records are kept digitally.

Santa's magical naughty or nice list should be safe as long at it remains on paper, as soon as he updates to a palmtop he could fall foul of the law.

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