[log in to unmask] on Tuesday, February 01, 2005 at 9:37 AM said:-
> 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.
Whilst agreeing in principle a caveat here - Provided the anonymous data may
be verified as accurate by reference to the collection mechanisms rather
than the individual, otherwise the data is clearly open to manipulation.
> 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.
And yet those rights themselves, in many parts of the world today, depend
upon the application of moral pressure/regulations to reduce the amount of
abuse, and uphold them.
Some processing often becomes necessary for the purpose in that way, but
restricting the use to the purpose in a way that is transparently secure to
all data subjects is what presents difficulties. e.g. Q. why do you want
that data. A. to uphold everybody's rights. Q. how do I know that.
And if the general rights are not upheld because of manipulation and double
standards, everybody suffers.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> [log in to unmask]
> Sent: Tuesday, February 01, 2005 9:37 AM
> To: [log in to unmask]
> Subject: Re: Recording ethnicity
>
>
> 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
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> -----
> 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.
> >
>
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