Dear Charles,

Thanks for sharing your opinion.

We've carried out a review of the personal sensitive data that we process - we do not process such that is related to ethnic origin, religious beliefs, sexual orientation,  political or that which has to do with trade union (the only data here that we process is to pay an annual standing order payable to the respective trade union, and no data is passed on to third parties).

The only other sensitive personal data that we process has to do with doctor's sick leave certificates that are required to claim a reimbursement from the Social Services Dept. Otherwise there is no other processing that relates to employees' personal sensitive data. So this is why we are of the opinion that there is no need to obtain the explicit consent as what is collected is allowed/required by law and therefore the specific clause we mentioned tends to support our argument.

Kind Regards

J:)


Charles Christacopoulos <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues <[log in to unmask]>

01/12/2003 16:36
Please respond to Charles Christacopoulos

       
        To:        [log in to unmask]
        cc:        
        Subject:        Re: [data-protection] Consent to Process Sensitive Personal Data From Staff



** Reply to note from Julian Curmi <[log in to unmask]>         Mon, 1 Dec 2003 14:14:30 +0100

Hi,
Noone speaks.  Now wait and see how many will be after my head ;-)
> Dear All,
>
> I am interested to hear member views on the issue of obtaining an explicit
> consent from staff to process  their sensitive personal data.
Which raises the question(s):
What sensitive data?
Why?
What will you do with them?
>
> We are arguing that we do not need an explicit consent from each staff
> member,  since our DP Act includes a clause that states that if processing  personal
> sensitive data is carried out  in terms of the conditions of employment
> and related legislation eg Employment Act, Social Services Act, there is
> no need for an explicit consent.
Which sounds like Medical records, sickness records.
No comment on social services act. (What sensitive data does it make you
process? whatever it is)
>
> Same as your legislation on DP, our DP law in Malta is also  based on the
> EU directive 95/46.
Anything else? :-)
Trade union membership for example?  Religious, political beliefs, sexual
orientation, can't remember off hand what else is there.
======================
You are not telling us what you want to collect.  Surely employment and
whatever other act give you the right *perhaps* to collect some information for
some very specific purpose(s) and you may only process the information for
those purposes and little else.
Where you have an obligation to collect such information you should be
informing your subjects of what you collect and why although express
permission will not be required.   The catch is that employment law and similar
may not really be giving you the right to collect anything you want.
Regards
Charles


==============================================
Charles Christacopoulos, Management Information Officer,
Planning & Information, University of Dundee, Dundee, DD1 4HN,
Scotland, United Kingdom. Tel: 44(0)1382-344891. Fax: 44(0)1382-348845.
http://www.somis.dundee.ac.uk/
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