In a message dated 22/01/04 15:21:13 GMT Standard Time, [log in to unmask] writes: > [snip] but will be retaining the Ethnic question as this is used to > consider housing people of a similar ethnicity. ---------- Then only with the explicit consent of the individual - IMHO no other condition under Schedule 3 would apply. Condition 9 (1) can only be used where the information is used to monitor your (or the HA's) equal opps policy. You would need to explain the reason for collecting the data (ie to give to the HAs so they can group you according to your ethnicity) and ask the applicant to agree - this could not be portrayed in such a way that the person feels that to refuse would affect their application. Ian B 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 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html If you wish to leave this list please send the command leave data-protection to [log in to unmask] All user commands can be found at : - http://www.jiscmail.ac.uk/help/commandref.htm (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^