Try Schedule 3 conditions for starters. The data is sensitive data and
clause 9 of that Schedule allows the processing for the purposes of ethnic
monitoring but only where the processing is **necessary** for that purpose. I would
argue that for the majority of ethnic monitoring the necessity rule is not met
and most of it could be done anonymously. To make it a compulsion would be
breaching part (c) of clause 9 in that it does not contain safeguards for the
rights and freedoms of the individual. The right to self determination, the
right not to be categorised, human rights, the right to receive council services
without prejudice, etc., etc.
To undertake the exercise as described you would be saying to people they are
not entitled to service from the council if they chose (for whatever reason)
not to take part in your statistical research. A tad unfair - try the
"fairness" part of the first principle.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
-----
In a message dated 01/02/05 08:17:14 GMT Standard Time, [log in to unmask]
writes:
> We are examining methods of checking that accessibility of services can be
> properly representative of users in terms of ethnicity. To do so we may
> decide to record ethnicity when someone registers on our faq system. I am
> very uncomfortable about this for obvious reasons in terms of DPA and
> Schedule 3. What is proposed is that recording ethnicity is made
> mandatory as part of the FAQ registration, so no ethnicity, no
> registration. I need support to drive my concerns forward.
>
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|