I’d go with data made public by the subject, assuming responses are identifiable.

 

Dan

 

 

Afternoon all!

 

Tying myself in knots with this one – You’ll no doubt be aware that there is a lot of work going on around the country about clean air, and plans for tackling poor air quality. In Greater Manchester we have launched our Clean Air Plan, and the next step for us is both an informal “conversation” about the plans, and a formal statutory consultation following that.

 

Although we haven’t yet decided on what questions we want to ask, it’s likely that some of this at least will be broad, open ended, “what do you think?” type questions. We are happy that we have an article 6 basis for both exercises, in that this is part of our public task (and that of the Council’s on whose behalf we are doing the clean air work), but I am expecting that people will probably give us special category data. For example, commenting on their asthma or other conditions they feel are caused by poor air quality. (Or that of their relatives).

 

Statutory consultation might mean we can rely on DPA 2018 Schedule 1, Part 2, section 6 – Statutory and government purposes, since we have to conduct consultation into the clean air plans. My concern is that we probably can’t rely on this for the informal “conversation”, nor can we prevent people from giving us this type of special category data.

 

I’m thinking possibly this might count as data “manifestly made public by the data subject”, or possibly even consent (if we tell them up front that if they choose to enter the info? I’m not convinced this works!).

 

Has anyone else given this kind of thing any thought? And if not, does anyone have any views?

 

Thanks!

 

Michelle

 

Michelle Brown

Information Manager

Transport for Greater Manchester

 

2 Piccadilly Place, Manchester M1 3BG

Direct line: 0161 244 1123, Extension 701123

www.tfgm.com

 

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