Diversity monitoring

This subtopic is intended for commercial organisations in the UK and is not sector-specific. It explains the data protection implications of workforce diversity monitoring, including whether:

  1. you need consent from the individuals concerned

  2. you can fall outside the scope of the data protection regime by collecting data in an anonymised form

Most large commercial organisations collect workforce diversity data and monitor trends. Some organisations will also publish their diversity data on their intranet and possibly their external website. There may also be a sector-specific regulatory obligation to report on your diversity data, eg law firms must report their diversity data to the Solicitors Regulation Authority.

Why is data protection relevant to diversity monitoring?

The UK General Data Protection Regulation (UK GDPR) applies wherever you process personal data.

The type of data organisations collect when monitoring diversity is very likely to constitute special category personal data under the UK GDPR. There are four main types of special category data:

  1. personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership

  2. genetic data

  3. biometric data (where used for identification purposes), or

  4. data

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