In a message dated 02/07/2001 10:10:10 GMT Daylight Time,
[log in to unmask] writes:
<< I would point out that Schedule 3 - conditions for the processing of
sensitive personal data - has nine other relevant conditions. Only one need
be satisfied. Data pertaining to racial or ethnic origin is specifically
allowed by paragraph 9. >>
----------
But there's the rub, as they say.
Para 9 requires that the data controller actually has a policy on equal opps
and that the personal data is actually *necessary* for meeting the
requirements of that policy and that appropriate safeguards are in place for
the rights and freedoms of the individual.
So, for example, a personnel system that allows all personnel staff (even
those without monitoring duties) to access the EO data would not meet the
conditions. Nor, when you consider the right to self determination, would an
application form suggesting to all applicants that the EO question is
compulsory.
Your form should make it clear the question is purely voluntary (except in
exempted jobs in child care, personal services, etc) and that where it is for
statistical monitoring purposes, the data is not accessible with other
personal details.
If your computer system does not allow for field suppression of such
sensitive data, may I be so bold as to suggest you have the wrong software?
Ian Buckland
MD
Keep IT Legal Ltd
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