In a message dated 03/09/03 14:28:49 GMT Daylight Time,
[log in to unmask] writes:
> Have I got it wrong but it appears to me that there seem to be lots of
> forms
> going the rounds at the moment and asking ethnic origin etc. and I was under
> the impression that we were not permitted to ask this...but on the other
> hand it may be necessary for e.g. Social Services to know that information
> in order to offer proper care. This information would only be used for
> Social Services purposes.Any help again greatly appreciated.
---------
In addition to certain restricted posts and adoption/fostering situations,
there is sometimes a justification for having details on someone's record that
would identify their ethnic origin such as primary language, religious belief
or dietary requirements. More often than not the individual would give
explicit consent for this to be processed.
There is also a legal requirement for public bodies to ensure equality of
service and opportunity, but the law does not specifically state that the data
should be collected on a personal basis. Many organisations therefore have a
non-personal separate form or tear-off slip that can be used to collect the
stats.
Where it is more convenient that the data are collected on an identifiable
basis, and assuming explicit consent is not obtained, the Schedule 2 condition
to rely on would probably be 6(1) rather than 3, and the Sch 3 condition is
9(1) - remembering that freedoms and rights would include the right to self
determination, the freedom not to be categorized and that appropriate security
measures should protect the data like not having the marker on an open record (use
field suppression techniques) and restrcting access to the data on a
need-to-know basis.
Ian
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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