No it does not - although the principles in the note are transferable
to our equivalent duties.
This is what our internal guidance says on the issue:
Workforce Monitoring
The Council has duties :
* to collect and publish information on race - Race Relations Act 1976
(Statutory Duties) Order 2001 - Regulation 5
* gather and make use of information on disabilities - The Disability
Discrimination (Public Authorities) (Statutory Duties) Regulations 2005-
Regulation 3
* gather and make use of information on gender equality - Sex
Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order
2006 - Regulation 3
There is no specific monitoring duty under The Employment Equality (Age)
Regulations 2006 which create a framework outlawing various types of age
based discrimination. However it is not difficult to argue that in order
to ensure proper compliance with the framework it is necessary to
monitor various activities by reference to age.
Data Protection Implications of Workforce Monitoring
Although (except for age) the monitoring information is sensitive
personal data the explicit consent of employees to processing it is not
required. In respect of race and ethnic origins processing with a view
to enabling equality to be promoted or maintained is permitted by
Schedule 3 Condition 9 of the Data Protection Act 1998. The Data
Protection (Processing of Sensitive Personal Data) Order 2000 extends
this to cover sensitive personal data as to the existence or absence of
equality of opportunity or treatment between persons - holding different
beliefs or [persons] of different states of physical or mental health or
different physical or mental conditions.
Age itself is not sensitive personal data. In respect of age monitoring
the Council may rely on DPA Schedule 2 Condition 3 "The processing is
necessary for compliance with any legal obligation to which the data
controller is subject"
Collection and processing, including publishing, must still conform to
Data Protection Principle 1 i.e. it must be fair and lawful and in
particular (See DPA Schedule 1 Part 2) the data subjects must be told
"the purpose or purposes for which the data are intended to be
processed, and any further information which is necessary, having regard
to the specific circumstances in which the data are or are to be
processed, to enable processing in respect of the data subject to be
fair"
Collection of data must therefore conform to the following :
* It must be clear on the purposes of the exercise - in effect it must
have a plain language privacy notice which conforms to the ICO Code of
Practice
* It must sever any link between the data collected and the
identification of the employee as this is not necessary for the purpose
of the monitoring duties
Service Monitoring
Under sections 19B and 20 of the Race Relations Act 1976 it is unlawful
for the Council, in carrying out any of its functions or delivering
services to do any act which constitutes race discrimination. The Act
does not itself contain a specific duty to monitor for ethnicity or race
but monitoring is a necessary consequence of the duties referred to.
In respect of housing functions the Welsh Assembly Government has issued
a Housing Code of Practice. Under this and the Council's own Race
equality scheme the Council is effectively required to monitor its
housing functions.
Data Protection Implications of Service Monitoring
The position here is essentially as with workforce monitoring - see
above. Processing for these purposes does not require specific consent
but the requirement of fair processing must be followed. Data collection
requires a plain language privacy notice which :
* is honest and open about what we are going to do with the information
we collect
* gives data subjects genuine choice over the information to be provided
* explains clearly why we need the information
Phillip Bradshaw
Room CY5C, County Hall
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: 13 July 2011 13:58
To: [log in to unmask]
Subject: [data-protection] Equality Monitoring
I found guidance on the ICO's website - Data Protection Good Practice
Note Monitoring under section 75 of the Northern Ireland Act 1998
Does this Act apply to England and Wales too ?
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