Duncan
Interesting one that, I would assume that the answer is no, because smoking
is a habit not a condition of health. The fact that the habit may have an
affect on a persons helth does not make it part of or an element of their
health. I suppose if it was, a questionaire about drinking habits maybe
considered sensitive personal data also.
I think that the habit is seperate to the condition, the fact that a person
has smoking related cancer is sensitive data their habit is not.
If we do consider habits as sensitive data, then bathing habits(possible
health effect) would be covered and many more. My opinion is that asking a
person if they smoke does not amount to processing sensitive personal data.
Any opposite opinions out there?
Paul Couldrey
Wolverhampton City Council
-----Original Message-----
From: Duncan Smith [mailto:[log in to unmask]]
Sent: 26 July 2001 14:27
To: [log in to unmask]
Subject: Smoking - sensitive or not?
If I ask someone whether they smoke or not, am I obtaining sensitive
information given that,
In this Act "sensitive personal data" means personal data consisting of
information as to-
(e) his physical or mental health or condition,
Arguably, the knowledge that I smoke bears no relevance on my health,
physical or mental (Tobacco companies have argued this for a long time,
although they do seem to be losing ground).
Here are some scenarios to help colour the question.
If I wish to rent a flat and the Landlord asks me to declare if I smoke or
not, would this require my explicit consent to process such data?
If I fill out a Life Assurance application form which asks if I smoke or
not, would this require my explicit consent to process such data?
Is there any relevance in the fact that I acquire the same data for
different purposes (the former because it's more difficult to re-rent after
a smoking tenant, the later because smokers have a higher health risk
rating).
Your thoughts?
Duncan S Smith
Principal Consultant
e-mail: [log in to unmask]
gsm: +44 (0)777 556 8180
Company Profiles
"The process of Improvement"
----------------------------------------------------------------
The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential and/or privileged
material. Any review, retransmission, dissemination or other use of, or
taking of any action in reliance upon, this information by persons or
entities other than the intended recipient is prohibited. If you received
this in error, please contact the sender and delete the material from any
computer.
This footnote confirms that this email message has been swept by Norton
Antivirus software for the presence of computer viruses.
Company Profiles Huntingdon UK +44(0)1480 461671
-----------------------------------------------------------------
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Email Disclaimer
************************************************************************************************
DISCLAIMER: This email and files transmitted are confidential and are intended solely for the use of the intended recipient. If you are not the intended recipient, or the person responsible for delivering it to the intended recipient, you may not copy, disclose, distribute or use it in any unauthorised manner. If you have received this email in error please notify us by telephone on 01902-554455 or by email to [log in to unmask] and then delete it and any attachments accompanying it. Please note that Wolverhampton City Council cannot guarantee that this message or any attachments are virus free or have not been intercepted and amended.
Any views or opinions expressed within this email are those of the author and may not necessarily reflect those of Wolverhampton City Council and no contractual arrangement is intended to arise from this communication.
************************************************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|