Have the regulations changed? I thought there was no blanket provision for
equalities information. I think the position is:
* some of it is not sensitive (gender or age, for example), and could
therefore fall under Schedule 2, Condition 6.
* some of it is specifically provided for in the Act (ethnicity) or
SI2000 No. 417 (health and religion, as long as it doesn't support decisions
on individuals), and therefore doesn't necessarily need consent.
* some of it is sensitive and not provided for specifically (sexuality,
for example), so almost certainly does need consent.
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Phil Bradshaw" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, April 26, 2012 3:45 PM
Subject: Re: Capturing data regarding sexual orientation etc
Collection : As David says, great need for transparency and doing so in a
way which does not imply compulsion. Whilst you do not need consent as such
(as the regulations provide a basis for processing equlaity information)
this is an essential ingredient of fairness.
Recording and Processing : Needs extra care due to sensitvity. Ensure
security and access only on a need to know basis. Where possible must
anonymise and split the data from identifiers. Additional training and
awreness for staff handling it. Provide assurance that it cannot be used to
influence service decisions at an individual level.
----- Original Message -----
From: [log in to unmask]
Sent: 04/26/12 02:45 PM
To: [log in to unmask]
Subject: Re: [data-protection] Capturing data regarding sexual orientation
etc
My understanding is that in certain circumstances, we have an obligation to
ask for such information but the important points are that people do not
have to answer at all and we must not try to influence them to do so.
Many Thanks
David Wilson
Data Protection Officer
01305 225175
*Terry Hutchinson <[log in to unmask]>*
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>
26/04/2012 14:42
Please respond to
Terry Hutchinson <[log in to unmask]>
[log in to unmask]
cc
Subject[data-protection] Capturing data regarding sexual orientation etc
Hi
If anyone has introduced collection of personal data regarding sexual
orientation/gender identity/religious or similar beliefs, do you have any
key things to watch out for in terms of the collection/recording/processing
of such data? I understand it’s a requirement to aid compliance with the
Equality Act etc but am mindful of this being sensitive and ‘very private’
data so want to ensure we meet our obligations under DPA and maintain
privacy too.
Any comments would be gratefully received.
Thanks
Terry
Terry Hutchinson
Head of Registry
Registry S4900
Doncaster College
The Hub
Chappell Drive
Doncaster
DN1 2RF
Tel: 01302 553967
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