Mike,
SI417(7) deserves a mention as well. My reading of it allows processing for
equal opportunities monitoring purposes and makes provision for the data
subject to object to the processing. Anonymisation is OK for something like
recruitment, but the only way to analyse the current workforce is by
including markers of some kind as part of the employee's record or linked to
it to take account of joiners and leavers.
Allan
-----Original Message-----
From: Lloyd M J B (ISeLS) [mailto:[log in to unmask]]
Sent: 12 March 2003 08:39
To: [log in to unmask]
Subject: Re: racial and ethnic monitoring
My thanks to those of you who replied and for their extensive investigative
work on this.
In summary:
* must meet a Schedule 2 condition and if Schedule 2(5) or Schedule
2(6) is used, the right to object exists. Presumably, if you use the consent
under Sch 2, then individuals must have the right to withdraw consent;
* must meet a Sch 3 condition. This could be Sch 3 (2) an obligation
under employment law or Sch 3 (9) specifically for racial/ethnic monitoring.
N.B. The Employment CoP seems to suggest that anonymisation is the best way
forward and would remove the right to object. Again, I assume that as
anonymous data is not personal data, it is outside of the Act. I am not
sure, after the Source Informatics case, what is the exact legal status of
'anonymisation'. Does it have to meet a specific Sch2 or Sch 3 condition?;
* must be processed fairly. I take this to mean that individuals must
be informed of where they have a right to object or withhold consent and not
be told you have to supply this information as it is required by the RRAA.
Mike Lloyd
Assistant Head (ISeLS)
ISeLS
University of Glamorgan
Llantwit Road
Treforest
Pontypridd CF37 1DL
tel: 01443 482417
fax: 01443 482424
email: [log in to unmask]
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
**********************************************************************
This email is privileged, confidential and subject to copyright.
Any unauthorised use or disclosure of its content is prohibited.
The views expressed in this communication may not necessarily
be the views held by East Ayrshire Council.
By reading this email you agree to our Terms & Conditions as
published at http://www.east-ayrshire.gov.uk.
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|