Maybe if we ask smokers on the list to indicate this on their answers to this
query, this could assist with the research.
As a non-smoker, my answer is - ask them what the other part of the purpose
is. If that too is research, ask people to volunteer the information. It is a
survey, nobody is required by law to take part in a survey (apart from the
census).
I'm still not convinced it would be sensitive data unless the research (and
the link) was proven - and even then there are other factors to consider.
There is a general view that people who smoke are more susceptible to heart
disease, but so are people who are overweight, and those with high cholestorol
without being overweight, and those whose parents had a heart problem etc, etc. Is
being overweight a "physical condition" as described in DPA law?
If the data controller feels the data are sensitive, by virtue of the
proposed link, try condition 5 in Schedule 3 - most people smoke in public. When
smoking in public is banned, they would have to re-visit this issue :-)
Ian B
PS Most people are also overweight in public, this too might qualify for
Sch3, c2. :-(
Ian Buckland
Managing Director
Keep IT Legal Ltd
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------
In a message dated 04/11/04 14:32:53 GMT Standard Time, [log in to unmask]
writes:
> The question is asked as part of a survey on people's cognitive powers.
> The
> possibility exists (yet to be statistically proven) that smoking has a
> negative impact on your 'brain power', perhaps physiologically linked in
> some way. Given that this is part of the purpose for asking the question,
> would anyone change their mind?
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