In a message dated 11/12/2001 15:52:59 GMT Standard Time,
[log in to unmask] writes:
<< The organisation is making assumptions on ethnic background based on a
persons name.
Details are only recorded where the name "sounds as if" it has an ethnic
minority background.
This provides a list of people "probably" from an ethnic minority background.
Doesn't this mean they are then processing sensitive data ?
And the fact that they were assumptions would mean that this list would
almost certainly be inaccurate ?
If they then use this list (even though they got it from the electoral
register) do they not still have to apply DPA98 ? >>
---------
Oh dear.
One marketing company used the electoral register and only made assumptions
on the marital status of individuals and got into DPA trouble for it.
Whenever they came across a male and female with the same surname at the same
address they sent the junk mail to "Mr and Mrs" - one "couple" complained.
They could be brother and sister, mother and son, father and daughter,
cousins, or even just good friends.
To make an assumption on ethnicity would be so dangerous I'm tempted to leave
it at that but here goes on an attempt to justify my assertion:
1) Where a woman has a surname that "indicates" a particular ethnicity it
could be because she is (or has been) married to someone of that name;
2) Where a person has a surname that "suggests" (a slightly better word to
use) a particular ethnicity it could be that they are several generations
descended from an individual with that family background, but who now
considers him/herself white European;
3) As the assumptions are just that, assumptions, some of the data are likely
to be inaccurate, in breach of the Fourth Principle;
4) Where the data are accurate (more by luck than judgement) they will be
classed as sensitive data and as far as I can ascertain the only condition
for processing under schedule 3 that would apply is number 1, "the person has
given explicit consent" which in this case they have not and it is likely
therfore that the processing is illegal;
5) In terms of other issues, such as race relations legislation, the
individuals should be given the right to self determination - in other words
for the person themselves to choose which ethnic minority they belong to;
6) If the above is not enough, tell them that the electoral register is
(was, before the Robertson case) only exempt from the First Principle for the
ERO who has published it. Under the First Principle, they should write to
every individual on their new database explaining that they (the new data
controller) are now in possession of their data and what they would like to
do with it. In this case, they would need consent so the letter could go
something like:
"We . . . . . . . . (state name and address of data controller) have copied
your details from the electoral register and would like to process it in the
following manner - 1) make an assumption as to your ethnic origin, 2) send
you important information relevant to the ethnic group we put you into.
Please sign here to allow us to process your data in this way . . . . . . . .
. . . . . . . . . . Please contact our Data Protection Officer . . . . . . .
(state name of nominated DP rep if you have one) if you have any queries on
this matter."
Ian Buckland
MD
Keep IT Legal Ltd
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