Even if yes (arguable till cows come home), insurance risk assessment could
look at exemptions - SI 417, S.5.
Su Goulding
Legal Officer, NSPCC
020-7825-1393
[log in to unmask]
-----Original Message-----
From: Duncan Smith [mailto:[log in to unmask]]
Sent: 26 July 2001 14:27
To: [log in to unmask]
Subject: Smoking - sensitive or not?
If I ask someone whether they smoke or not, am I obtaining sensitive
information given that,
In this Act "sensitive personal data" means personal data consisting of
information as to-
(e) his physical or mental health or condition,
Arguably, the knowledge that I smoke bears no relevance on my health,
physical or mental (Tobacco companies have argued this for a long time,
although they do seem to be losing ground).
Here are some scenarios to help colour the question.
If I wish to rent a flat and the Landlord asks me to declare if I smoke or
not, would this require my explicit consent to process such data?
If I fill out a Life Assurance application form which asks if I smoke or
not, would this require my explicit consent to process such data?
Is there any relevance in the fact that I acquire the same data for
different purposes (the former because it's more difficult to re-rent after
a smoking tenant, the later because smokers have a higher health risk
rating).
Your thoughts?
Duncan S Smith
Principal Consultant
e-mail: [log in to unmask]
gsm: +44 (0)777 556 8180
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