In addition, s.7 of SI 417 gives people an explicit right to opt out. I
can't see how it would be compatible with Principle 1 to coerce them into
providing this information.
I quite like the 'prefer not to say' option because it gives people a clear
option to cooperate but without supplying the information, rather than just
leaving the question blank, but then the rubric should make it clear that
ticking that option will not affect people's entitlement to services, etc.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Ben Plouviez" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, October 01, 2009 3:58 PM
Subject: Re: Equality monitoring and fair processing
>I agree! One of agencies has sought to get round this by including a
>"prefer not to say" option for each question, but I'm no happier about
>this, and would be grateful for views on this.
>
> Ben
>
> --------------
> Sent from my BlackBerry
>
>
> ----- Original Message -----
> From: This list is for those interested in Data Protection issues
> <[log in to unmask]>
> To: [log in to unmask] <[log in to unmask]>
> Sent: Thu Oct 01 15:49:59 2009
> Subject: [data-protection] Equality monitoring and fair processing
>
> Views Please:
>
> As a public authority we necessarily do much equality monitoring both of
> employees and service provision. Though sensitive personal data we do not
> need explicit consent as it is covered by Schedule 3 Condition 9 or Para 7
> of
> the Schedule to the Data Protection (Processing of Sensitive Personal
> Data)
> Order 2000.
>
> However I cannot see that the underlying requirement of fair processing is
> removed, particularly at the point of collection, and note that neither of
> these
> provisions contains words such as "must necessarily be carried out even
> without the explicit consent of the data subject so as not to prejudice
> those
> purposes" which appear in some of the other parts of that Order.
>
> One of my services, noting that it was getting very low returns when
> collecting data, redesigned its forms, removing any specific opt out for
> such
> information . At best the new form is vague, at worst (and in my view) it
> is
> positively misleading in that most applicants for the service would
> imagine
> supplying the information was either necessary or that not supplying it
> would
> delay or prejudice their application. It includes words such as "Please
> answer
> all questions in full and where required tick relevant boxes. If this form
> is not
> fully completed, we may have to send it back to you and your application
> ...
> will be delayed." This appears to be born out by the fact they now have a
> very good collection rate.
>
> I have formed the view that the new form breaches the privacy notices
> Code
> of Practice and is unfair in respect of Principle 1 since :
>
> 1 it is not honest and open about what we are going to do with the
> information we collect
> 2 it does not give data subjects genuine choice over the information to be
> provided and
> 3 it does not explains clearly why we need the information i.e. only for
> monitoring, not for making service decsions
>
> Does anyone have a contrary view ? Do the statutory provisions for
> processing without explicit consent provide any basis for doing it this
> way?
>
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