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DATA-PROTECTION  2005

DATA-PROTECTION 2005

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Subject:

Re: Recording ethnicity

From:

Ian Welton <[log in to unmask]>

Reply-To:

Ian Welton <[log in to unmask]>

Date:

Tue, 1 Feb 2005 13:10:07 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (140 lines)

Tim Trent on Tuesday, February 01, 2005 at 12:28 PM said:-

> This then makes answering the question at all a mandatory
> exercise.  What if I do not wish to record that I have
> refused to answer?

If any answer is mandatory the possible answers would require all possible
options to accurately accommodate that requirement. Where the answer is
mandatory, do they include the ability to record all possibilities?

> Despite the genuine social benefits to be gained by ensuring
> all ethnicities are integrated into the present society the
> way to measure this is to survey the willing.  To mandate all
> is against the spirit of what we are about.

Provided surveying the willing takes into account that those persons whom
may experience prejudice are not likely to be willing.

> I can not relate a survey containing sensitive answers to an
> FAQ page.  To me it matters not at all whether it is lawful
> (if it is lawful) to mandate the answer.  What matters is if
> it is reasonable to do so.  It is reasonable to *collect* the
> answers because you may need to consider FAQs in different
> tongues, but it is unreasonable to mandate it.

Surely the reasonableness would be viewed from the point of view of the
organisation doing the collecting, so may not be so reasonable to the
individuals whose personal data is being collected, or within the wider
social sphere.  Hiding or masking the reasons, especially if contradictory
to stated stances could only exacerbate wider problems.

Ian W

> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: Tuesday, February 01, 2005 12:28 PM
> To: [log in to unmask]
> Subject: Re: Recording ethnicity
>
>
> I think the discussion is in danger of being distracted by IT
> departments and their capabilities.  An IT department will
> explain happily about mandatory fields and the ability to
> suggest that they can mandate the field but also let someone
> appear to opt out by expressing "no answer"
>
> This then makes answering the question at all a mandatory
> exercise.  What if I do not wish to record that I have
> refused to answer?
>
> We are speaking, I think, of an online collection process in
> which I have previously identified myself.  Even without a
> cookie on my computer the session I am in can record my
> identity and associate me with my answer.
>
> Despite the genuine social benefits to be gained by ensuring
> all ethnicities are integrated into the present society the
> way to measure this is to survey the willing.  To mandate all
> is against the spirit of what we are about.
>
> There is an argument that says "If you want to see this part
> of our web site then you must answer the question."  And the
> answer to that is that "if the part of the website has a
> genuine value then 'ordinary' data may be collected as a door
> key to that element of the site."  But that should never
> extend to sensitive data.
>
> I can not relate a survey containing sensitive answers to an
> FAQ page.  To me it matters not at all whether it is lawful
> (if it is lawful) to mandate the answer.  What matters is if
> it is reasonable to do so.  It is reasonable to *collect* the
> answers because you may need to consider FAQs in different
> tongues, but it is unreasonable to mandate it.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of GM Polato
> Sent: 01 February 2005 12:16
> To: [log in to unmask]
> Subject: Re: [data-protection] Recording ethnicity
>
> The Race Relations Amendment Act could be used here as it
> imposes a duty on public authorities to eliminate unlawful
> racial discrimination; and to promote equality of opportunity
> and good relations between persons of different racial
> groups. Unless ethnic monitoring is carried out, the
> authority cannot possibly demonstrate it is doing either.
>
> The Health Service always included a "not known" or "not
> stated" category, to accommodate cases where it would be
> impossible to collect ethnicity or where the individual
> refuses. I personally would prefere a "refuse to state/refuse
> to answer" option to be also included, as the refusal rate is
> a useful indicator in its own right.
>
> GM Polato
>
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