5.2 A sample Diversity Data Policy is included in Annex A to this guidance. Please note that use of this policy does not guarantee compliance by chambers with their legal and regulatory requirements, for which they remain fully responsible. Chambers’ should review and amend the sample Diversity Data Policy to ensure that it is suitable, having regard to their individual circumstances. 6. Collection of Diversity Data 6.1 In order lawfully to collect Diversity Data from individuals, chambers must obtain the explicit consent of individuals to the collection and processing of their data before collecting such Diversity Data. This is required because of the rules under the Data Protection Act concerning the processing of sensitive personal data (which includes information on health, ethnicity, religion or belief and sexual orientation). All Diversity Data, of whatever nature, should be treated as if it were sensitive personal data for the purposes of compliance with the Code. 6.2 To demonstrate that explicit consent has been obtained, it is necessary that chambers can show that individuals are prominently informed about how their personal data will be used and that the provision of their personal data is voluntary. Likewise, individuals should be told that by providing their Diversity Data they are explicitly consenting to the collection and use of their personal data for the purposes for which they are notified. To this effect, they must be provided with a copy of the written Diversity Data policy when they are invited to provide their Diversity Data. 6.3 Chambers must ensure that consent to the collection and use of the Diversity Data is freely given, and it is the responsibility of all Heads of Chambers and Diversity Data Officers to ensure that it is made clear to all individuals from whom Diversity Data is requested, that there is no obligation to respond and that the provision of Diversity Data is entirely voluntary. 6.4 In particular, chambers must therefore ensure that are no internal procedures or behaviours which could reasonably be considered to compel individuals to provide their Diversity Data. For instance, the provision of Diversity Data should be obtained through a separate mechanism from any other collection of information from members of the workforce. This should mean that a separate form or questionnaire and separate notification is used. The request for Diversity Data should be made in isolation from any other requests for information and, in particular, should in no way be linked or associated with any appraisal or performance review of barristers/members of staff.
5.2 A sample Diversity Data Policy is included in Annex A to this guidance. Please note that use of this policy does not guarantee compliance by chambers with their legal and regulatory requirements, for which they remain fully responsible. Chambers’ should review and amend the sample Diversity Data Policy to ensure that it is suitable, having regard to their individual circumstances. 6. Collection of Diversity Data 6.1 In order lawfully to collect Diversity Data from individuals, chambers must obtain the explicit consent of individuals to the collection and processing of their data before collecting such Diversity Data. This is required because of the rules under the Data Protection Act concerning the processing of sensitive personal data (which includes information on health, ethnicity, religion or belief and sexual orientation). All Diversity Data, of whatever nature, should be treated as if it were sensitive personal data for the purposes of compliance with the Code. 6.2 To demonstrate that explicit consent has been obtained, it is necessary that chambers can show that individuals are prominently informed about how their personal data will be used and that the provision of their personal data is voluntary. Likewise, individuals should be told that by providing their Diversity Data they are explicitly consenting to the collection and use of their personal data for the purposes for which they are notified. To this effect, they must be provided with a copy of the written Diversity Data policy when they are invited to provide their Diversity Data. 6.3 Chambers must ensure that consent to the collection and use of the Diversity Data is freely given, and it is the responsibility of all Heads of Chambers and Diversity Data Officers to ensure that it is made clear to all individuals from whom Diversity Data is requested, that there is no obligation to respond and that the provision of Diversity Data is entirely voluntary. 6.4 In particular, chambers must therefore ensure that are no internal procedures or behaviours which could reasonably be considered to compel individuals to provide their Diversity Data. For instance, the provision of Diversity Data should be obtained through a separate mechanism from any other collection of information from members of the workforce. This should mean that a separate form or questionnaire and separate notification is used. The request for Diversity Data should be made in isolation from any other requests for information and, in particular, should in no way be linked or associated with any appraisal or performance review of barristers/members of staff.
data_collection_rules_240812.docx