Views Please:

As a public authority we necessarily do much equality monitoring both of 
employees and service provision. Though sensitive personal data we do not 
need explicit consent as it is covered by Schedule 3 Condition 9 or Para 7 of 
the Schedule to the Data Protection (Processing of Sensitive Personal Data) 
Order 2000.

However I cannot see that the underlying requirement of fair processing is 
removed, particularly at the point of collection, and note that neither of these 
provisions contains words such as "must necessarily be carried out even 
without the explicit consent of the data subject so as not to prejudice those 
purposes" which appear in some of the other parts of that Order.

One of my services, noting that it was getting very low returns when 
collecting data, redesigned its forms, removing any specific opt out for such 
information . At best the new form is vague, at worst (and in my view) it is 
positively misleading in that most applicants for the service would imagine 
supplying the information was either necessary or that not supplying it would 
delay or prejudice their application. It includes words such as "Please answer 
all questions in full and where required tick relevant boxes. If this form is not 
fully completed, we may have to send it back to you and your application ... 
will be delayed." This appears to be born out by the fact they now have a 
very good collection rate.

I have formed the view that the new form  breaches the privacy notices Code 
of Practice and is unfair in respect of Principle 1 since :

1 it is not honest and open about what we are going to do with the 
information we collect 
2 it does not give data subjects genuine choice over the information to be 
provided and 
3 it does not explains clearly why we need the information i.e. only for 
monitoring, not for making service decsions

Does anyone have a contrary view ? Do the statutory provisions for 
processing without explicit consent provide any basis for doing it this way? 

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