Print

Print
Doesn't Schedule 3, condition 2 cover an employer's obligations under the new Equalities Act (for all nine protected characteristics)?
 
Donald Henderson
Information Compliance Manager
Perth and Kinross Council

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ray Cooke
Sent: 28 February 2011 09:05
To: [log in to unmask]
Subject: Re: [data-protection] Sensitive data processing condition - 2 (f) - equal opportunity monitoring

Philip,

Thanks for this.  There seems to be a practice - I'm not sure if others have noticed - for employers to ask for information not only on disability and ethnicity and on religion/belief but also on sexual orientation.  So it is not just gender (M/F) in terms of the collection of personal data. 

One form I have seen gives folk lots of tick box options for sexual orientation including a 'prefer not to say' option.  (I think also of the ICO training video where the obtaining of this type of info crops up.)

And I know that some equal ops folks want to monitor this sort of data. And, indeed, all these aspects of personal life can be subject to prejudice.   It just struck me as curious that while certain equal ops processing conditions apply specifically for ethnicity, religion and health, we have nothing specific on this score for sexual orientation.  I'm sure other folk know much more about the reasons for this than I do.

Ray Cooke
Information Compliance Officer
Oxford Brookes University
Computer Services
Directorate of Learning Resources
Headington Campus
Gipsy Lane
Oxford, OX3 0BP

tel: +44 (0)1865 484354
fax: +44 (0)1865 483330

www.brookes.ac.uk


On 26 February 2011 11:50, Bradshaw, Phillip <[log in to unmask]> wrote:
Is whether I am M or F sensitive personal data ? Under the Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006 we only have to monitor equality between M or F, not e.g. between straight and gay.

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ray Cooke
Sent: 24 February 2011 11:06
To: [log in to unmask]
Subject: [data-protection] Sensitive data processing condition - 2 (f) - equal opportunity monitoring

Hello everyone,

I was looking into the equal opportunity monitoring conditions for processing sensitive data.  Am I correct in thinking that while there is provision for this for:

ethnicity - DPA Sched 3, 9
religion & health - SI 2000 No 417 The Data Protection (Processing of Sensitive Personal Data) Order 2000, Article 2, 7

there is still no specific such provision under UK data protection law for category 2 (f) data relating to sexuality - "sexual life"?

Ray Cooke
Information Compliance Officer
Oxford Brookes University
Computer Services
Directorate of Learning Resources
Headington Campus
Gipsy Lane
Oxford, OX3 0BP

tel: +44 (0)1865 484354
fax: +44 (0)1865 483330

www.brookes.ac.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

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)

**********************************************************************

Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of the Council of the City and County of Cardiff shall be understood as neither given nor endorsed by it. All e-mail sent to or from this address will be processed by Cardiff County Councils Corporate E-mail system and may be subject to scrutiny by someone other than the addressee.

**********************************************************************

Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.

**********************************************************************


--
Scanned by iCritical.



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

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)

Securing the future... - Improving services - Enhancing quality of
life - Making best use of public resources.

The information in this email is solely for the intended recipients.

If you are not an intended recipient, you must not disclose, copy,
or distribute its contents or use them in any way: please advise
the sender immediately and delete this email.

Perth & Kinross Council, Live Active Leisure Limited and
TACTRAN do not warrant that this email or any attachments are
virus-free and does not accept any liability for any loss or damage
resulting from any virus infection. Perth & Kinross Council may
monitor or examine any emails received by its email system.

The information contained in this email may not be the views of
Perth & Kinross Council, Live Active Leisure Limited or TACTRAN.
It is possible for email to be falsified and the sender cannot be
held responsible for the integrity of the information contained in it.

Requests to Perth & Kinross Council under the Freedom of
Information (Scotland) Act should be directed to the Freedom of
Information Team - email: [log in to unmask]

General enquiries to Perth & Kinross Council should be made to
[log in to unmask] or 01738 475000.

General enquiries to Live Active Leisure Limited should be made
to
[log in to unmask] or 01738 492440.

General enquiries to TACTRAN should be made to
[log in to unmask] or 01738 475775.

Securing the future... - Improving services - Enhancing quality of
life - Making best use of public resources.


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

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)