> -----Original Message-----
> From: Cindy Burnes [SMTP:[log in to unmask]]
> Sent: Wednesday, July 17, 2002 10:53 AM
> To:
> Subject: Re: employee contract clause
>
> Hello
>
> I think that there are two points to bear in mind here. The first concerns
> the taking of data protection consent from employees: the Information
> Commissioner has expressed concern where employers attempt to do this in
> an
> employment contract. Apparently she is of the opinion that this will not
> be
> real consent due to the inequality of bargaining power (in the sense that
> people will sign anything to get a job) between the employer and employee
> and the requirement in the Directive for consent to be freely given.
>
>... xxx may process Personal Data and sensitive Personal
> Data about you which is covered by the Data Protection Act 1998 for
> administration and business management purposes. Processing will take
> place
> in accordance with the provisions of the Data Protection Act 1998. By
> signing this contract you acknowledge that you are providing xxx with
> consent to these uses.
>
I wondered about this (but this is the first time I had to respond). The
consent threshold for sensitive data is higher. If I was representing an
employee who'd been required to sign this statement I would argue that the
statement blurred the difference between the two standards and it should be
assumed that if the employee consented at all (and arguably if they have to
sign to get the job they haven't had the choice) then it was only at the
level covered by Schedule 2 and not that covered by Schedule 3 (sensitive
data).
Also if the employer makes a (defective) request for consent and obtains it
and the employee subsequently withdraws it, is there any basis left for
processing?
Paul
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