I consider education certificates to be such a vital piece of
documentation (well I would wouldn't I!) so we need to be sure when we
issue these that they are issued to the correct person. After all
certificates are used as the basis of verifying identity and also of
obtaining positions of trust. Having said that, this information could
be collected at enrolment and not on application.
More fundamentally, we are expected to base decisions to admit students
on a variety of factors and not just qualifications held and we have a
duty of care not to set student up to fail.
Whilst date of birth is no indicator of potential, it may indicate some
issues that may need to be explored before offering a place. Issues such
as length of time since last studied may have some bearing upon a
person's ability to cope with a particular level of study - e.g.
refresher in study skills or IT update may be required.
There is also an expectation in these days of inclusion that we should
be recruiting from all backgrounds (age, ethnicity, gender etc) and we
are required to formally report on this. If, for example, we have no
students over the age of 35, is this because our marketing does not
appeal to this group, or are we discriminating at interview or somewhere
lese in the process? Ironically by not knowing applicants details from
the earliest stage, we cannot address any discrimination (intended or
otherwise) that is present.
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 Owen Parry
Sent: Thursday, August 11, 2005 7:26 AM
To: [log in to unmask]
Subject: [data-protection] UOW SUSPECT: RE: data protection and dates of
birth in the US.
This seems to miss a rather simpler point: that obtaining date of birth
is part of being able to establish the bona fides of the student at a
later date. We for instance will require a date of birth with a request
for a replacement certificate, to check against our records, and I would
regard this as not only a legitimate requirement but one suggested by
government in their own advice on such matters.
Owen Parry
University of Wales
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Andrew Charlesworth
Sent: 10 August 2005 18:06
To: [log in to unmask]
Subject: Re: data protection and dates of birth in the US.
> 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.
Just to explore these rationales a little further (I promise) - is it
not
common practice for ethnicity, nationality data etc. to be collected on
a
separate form that is held/processed separately (and anonymously) from
the
student application (or enrolment form) for the purposes of monitoring
as
required by legislation/HESA/HEFCE? And are applicants obliged to
provide
that data, or can they refuse to complete that form?
> 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.
And could this not be handled by means of a question that asks "Are you
under 18?", or "If under the age of 18, please state Date of Birth",
without requiring all students to divulge their DOB?
> Therefore the need for this information is clear and legitimate.
In certain circumstances, at least, it would appear so.
> 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.
Although from an applicant's point of view, proving discrimination on
grounds of age may be problematic (in the absence of documented evidence
e.g. clear references in e-mails, selectors notes etc.) and appeals
procedures can be time-consuming and off-putting (e.g. preventing the
applicant, even if successful, from beginning a course on time); whereas
if
selectors are simply not given the information, they cannot consciously
or
unconsciously discriminate on that basis, or be perceived to be doing
so.
That having been said, of course, an applicant's CV may also provide an
indication of approximate age, depending on how it is
structured/presented.
Best wishes
Andrew
> 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.
[...]
>
> Best wishes
>
> Andrew
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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