Would be interested in any cross references in legislation which madates
that personal data must be collected by an employer regardless of any
individuals choice. In my experience such legislative drafting tends to be
resisted as in most cases it would be unenforceable. To date I have not
found any clauses in employment legislation which mandates what an employer
must collect.
e.g. Does anyone know of any legislation which mandates that an employees
home address must be collected by an employer? Ive often pondered on what
actions should be taken if an employee does not wish to provide an address
or asks for deletion of one already held. A possible damage argument can be
not trusting an employers security practices in access control and wishing
to prevent an ex partner discovering the address. Would an employer accept
and process such a request at face value or force the employee through the
courts?
If anyone has knowledge of any specific legislative clauses relating to
employment which creates a statutory obligation for an employer to collect
personal data collection from individuals could they share these with the
group.
David Wyatt
----- Original Message -----
From: "Graham Hadfield" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, December 02, 2003 8:23 AM
Subject: Re: [data-protection] Sexual Life/Orientation Data
> For my sins my job involves providing guidance to the Council on other
> regulatory legislation - including equalities - as well as Data
Protection.
>
> In some cases the equalities legislation requires that the workforce
> composition, recruitment and so on be monitored to identify the balance of
> the workforce. Our policy is to monitor in terms of ethnicity, gender,
> disability, sexual orientation, religion/belief and age - not all required
> by law as yet but probably will be when equalities legislation is
> harmonised over the next couple of years.
>
> However - highly important - all monitoring takes place such that the
> results can not identify individuals. Indeed, where a form is issued to
all
> of the workforce we actually have no control over whether or not
> individuals answer the questions truthfully and whether they supply
answers
> in all categories. Completion of the forms is not compulsory.
>
> I believe that an audit which was aimed at identifying and recording the
> sexual orientation of individuals would be illegal in terms of the
> equalities legislation - and would, therefore, fall foul of the first Data
> Protection principle. There should only be one reason for requiring anyone
> to divulge their sexual orientation and that is where a particular
> orientation is a genuine occupational requirement (as defined in the
> Regulations). There is no need for anyone to declare their sexual
> orientation in order to complain about discriminatory behaviour - if it
> happens it is illegal and everyone has the right to complain about it.
>
> Regards,
> Graham
>
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