As we are required to monitor our student population to ensure that we
are not discriminating, we need to have details of age in the same way
as we need ethnicity, nationality etc. There is also an issue of child
protection as if students are under 18 we may need to CRB check staff
coming into contact with them. Therefore the need for this information
is clear and legitimate.
Admissions policies should ensure that there is no discrimination,
particularly if they comply with Section 10 of the QAA Code of Practice,
and if HEIs have an Admissions Appeals procedure then the applicant has
a means of redress if they believe they have been discriminated against.
I suppose the only argument could be that this information should be
collected at enrolment rather than on application (but see point about
under 18s as CRB checking takes some time)
Regards
Mandi
Mandi Barron
Assistant Registrar (Regulation) and Information Officer
Bournemouth University, Registry
HR108, Heron House, 10 Christchurch Road
Bournemouth, BH1 3NA
tel: +44 (0) 1202 964783 fax: +44 (0) 1202 963869
email: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Andrew Charlesworth
Sent: Wednesday, August 10, 2005 4:32 PM
To: [log in to unmask]
Subject: Re: [data-protection] data protection and dates of birth in the
US.
In line with my last post, I would suggest that the important issue here
is
that the institution is in a position to demonstrate a legitimate
purpose
for asking for age/DOB. Under US employment law, the employer
potentially
increases the likelihood of a claim of discrimination by asking for
age/DOB
on a blanket basis, and so some employers have rules about appropriate
circumstances, e.g.:
<http://www.fredonia.edu/humanresources/inquiry.htm>
Equally, under UK DP law, it would seem sensible for an institution to
have
identified a legitimate need for the collection of age/DOB from
applicants
for student places, or face the risk of being accused of being in breach
of
Principles 1-3 DPA 1998.
Incidentally, see:
<http://www.dti.gov.uk/er/equality/age.htm>
for the current UK position on age discrimination in employment - which
looks as if it may have a similar effect to the US legislation in terms
of
employees.
I am not familiar with the situation concerning age discrimination in
relation to provision of student places, but I would suggest that it
would
be undesirable for an institution to be perceived to be engaging in age
discrimination in student recruitment.
Best wishes
Andrew
--On August 10, 2005 3:17 PM +0100 Mary Liddell
<[log in to unmask]>
wrote:
> Rachel,
>
> I think she's probably referring to the age discrimination law in the
US;
> although I don't think it entitles her not to provide her DoB, even
there.
>
> Mary F. Liddell
> Data Protection and Information Officer
> Brunel University
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Jarvis Rachel
> Sent: 10 August 2005 14:47
> To: [log in to unmask]
> Subject: [data-protection] data protection and dates of birth in the
US.
>
>
> Dear all,
>
> I've had a query from a member of staff that has totally stumped me. I
> haven't heard of anything along these lines, I was hoping that someone
> would be able to help?
>
> "We have recently received an application for postgraduate admission
from
> a US lady. She did not include her date of birth on the application
form.
> When pressed for her date of birth she refused to give it saying that
> this was contravening some data protection act in force in the US, and
> that in the next 6 months we would be subject to the same conditions."
>
> Many thanks,
>
> Rachel
>
> Records Manager
> Royal Holloway University of London
> Egham,
> TW20 0EX
>
> Tel: 01784 414088
>
>
>
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Andrew Charlesworth
Senior Research Fellow in IT and Law
Director, Centre for IT and Law
School of Law/Department of Computer Science
University of Bristol
Wills Memorial Building
Queens Road, Bristol BS8 1RJ
Tel: 0117 954 5633
Fax: 0117 954 5208
E-mail: [log in to unmask]
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