> 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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