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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.

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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
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Derbyshire  S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
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