I am not now and never have been keen on the alleged anonymous questions to
seek to show equal opportunities compliance, especially with double sided
forms!
I feel obliged to fill out ethnicity. Presumably I should soon (now?) feel
obliged to fill out my sexual orientation. But I object to it.
I do see the relevance of listing back injuries for those who lift weight,
but many of the questions are intrusive. As for the smear test
question....... Do we chaps get asked about our prostates too?
Colour blindness for merchant seamen, airline pilots etc is valid. But
surely only to the men?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 24 January 2005 10:39
To: [log in to unmask]
Subject: Re: [data-protection] Medical Records form
I have seen such forms and can give examples of the types of questions asked
-
Are you colour blind? (This is asked of all employees, not just those
applying for a job as an electrician or a bomb disposal expert)
Do you bite your nails? (Apparently this is a sign of stress, rather than a
bad habit)
When was the last time you had a smear test? (Again all employees, not just
the female ones)
I thought these were likely to breach the Act unless properly signposted as
to their relevance - can anyone give more blatant examples?
Ian B
-----------
In a message dated 24/01/05 09:32:17 GMT Standard Time,
[log in to unmask] writes:
> I work for HBS supporting Lincolnshire County Council. I am not
> actually a member of the DP list but I am covering for Data Protection
> in David Forbes' absence. One of the queries he has received concerns
> a medical form which is sent out.
>
> I have attached the form for your reference and the concerns raised
> about it are below:
>
> "When I was offered my current job here at LCC it was on the condition
> that I had satisfactory references and that I was also fit enough, I
> had complete a Well Work Employee Occupation Health form (see
> attached). The form consisted of 64 medical questions which is obviously
very personal.
> Although I did not agree with the form I completed it anyway as I
> really wanted the job and I didn't want to disadvantage myself in
> anyway.
>
> I thought that the attached form was breaching principals 1 and 3 of
> the Data Protection Act?
>
> I think that it is probably a valid point as although some of the
> questions may well be relevant to some jobs, all of the questions are
> not relevant to all jobs. The point about filling in the form is
> interesting because as people have usually been offered a job before
> they see this form they may feel that although they disagree with
> filling the form in they may well do so rather than querying the form
> as they feel that this may jeopardise the job they are being offered."
>
> My own feelings are that the form does not reference the DP Act and
> the nature of the wording compels you to fill in the details even
> though you would feel uneasy doing so.
>
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:
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(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
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