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Staff demographic data at a small charity – how can we do this safely? (Anonymous post 🤫)

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Ocean King Staff Senior Community Executive at CharityConnect Posted 1 year ago

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This question is from a member of our community that wishes to remain anonymous:
Our EDI advisory group wanted to check that we were following best practice with the Monitoring Form that we send out to all new starters.
Our charity is a very small team of 20 employees and the group are concerned that although providing data in percentages to the board would decrease the chances of sharing personalised data, as the organisation is 20 employees, this still would pose a risk.
I'm aware that under the PSED (Public Sector Equality Duties) as an organisation that employs less than 150 employees, we are not legally bound to share protected characteristics/ equality data on our employees. However, as part of our wider EDI project, one of our EDI coaches helped us to create the Monitoring Form in order to collect data that we may find useful to ensure we are following best practice for equality, diversity & inclusion.
It might be that the information needs to be presented to the board in a different way. I currently don't feel that any of the results that I share with the board could show who answered what in the form but my EDI group don't want to go forward with anything until we have it clarified.
Does it sound like we are currently doing anything wrong? We don't always present the data to the Board, it's a rare occassion and I have text at the top of the monitoring form confirming why and how we use the data.
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Hirsch Sharma

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CEO at Boardroom Consultants 1 year ago

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Hi
It sounds like you're taking a proactive approach to EDI by collecting equality data, even though it's not legally required for your organization size. Here's how to address your EDI group's concerns and ensure best practice:
Addressing Privacy Concerns:
  • Limited Data Collection: Focus on collecting broad categories for protected characteristics like gender, ethnicity, and disability. Avoid asking for overly specific details.
  • Anonymity: Emphasize that the data is anonymized before being presented to the board. You can achieve this by:
    • Using percentages or bandings instead of raw numbers.
    • Combining data points from multiple categories to prevent identification of individuals (e.g., instead of "1 female employee with a disability," report "X% of employees in the age range 25-35 identify with a disability").
Transparency and Communication:
  • Clear Communication: Reiterate on the monitoring form and in any communication that the data is anonymized and used solely for EDI purposes.
  • Data Retention: Outline a clear data retention policy – how long the data will be stored and the secure disposal method.
Presentation to the Board:
  • Focus on Trends: Present data as trends over time to identify areas for improvement rather than focusing on individual responses.
  • Visualizations: Use charts or graphs to represent the data anonymously.
Alternative Approaches:
  • Sample Size Masking: If the data points for a specific category are very low (e.g., only one employee identifies as non-binary), consider excluding that category from the report altogether to further anonymize the data.
Reassurance for your EDI Group:
  • Explain the steps you're taking to anonymize the data and highlight the benefits of collecting EDI data for your organization's overall EDI goals.
  • If they're still hesitant, consider anonymizing the data further before sharing with the board or explore alternative reporting methods that don't involve percentages (e.g., using qualitative feedback from focus groups).
Legal Considerations:
  • While PSED doesn't apply to your organization, it's still good practice to follow general data protection principles under GDPR (General Data Protection Regulation) This ensures data is collected fairly, lawfully, and used only for the specified, explicit, and legitimate purpose (EDI monitoring).
  • By following these practices, you can demonstrate best practice in collecting and reporting EDI data while addressing your EDI group's concerns and ensuring employee privacy.
  • WARM REGARDS

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Tom Rottinghuis

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DPO at a large UK charity 1 year ago

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Although anonymous collection is the safest way to collect and otherwise process EDI data, and potentially reduces employment and data protection risks, EDI data can usually be collected and otherwise processed in a form where staff are identified or identifiable. However, failure to take appropriate steps to ensure compliance will increase the risks associated with complaints, claims and sanctions under employment and data protection law. You would need to think of your lawful basis and Art 9 condition, usually consent is a bad idea in an employment context, but in this case Explicit Consent is probably the way to go, although the DPA also has specific substantial public interest conditions permitting employers to process specified special category data for diversity monitoring purposes and one of these could be worth considering. The most crucial thing is probably just to be very clear on why you are collecting this data, what you will do with it, and that staff are absolutely free to not answer these questions. 

That all having said, just how much detail does your board really need? Especially with only 20 members of staff, are these stats simply interesting, or actually useful for decision making? 

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Mike Preston

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Between Roles at Between Roles 1 year ago

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In order to get useful and reliable data, generally speaking it's suggested you should have a minimum survey audience of 30. So even if you did survey your team, the data you got wouldn't be that useful. 
Personally I would also recommend against it as I think the likelihood of being able to identify a member of staff from their answers is far too high which would cause you to be in seriously breach of GDPR as diversity questions are all considered protected characteristics which have very specific requirements on protecting the data.

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