Based on the EU Data Protection Directive 95/46/EC, it is imperative for sensitive data to be given voluntarily. In its 2009 country report, the ‘European Commission Against Racism and Intolerance’ (ECRI) requested Germany to collect data on the ethnic and religious composition of its population, while observing the principle of consent.

This means that any surveyed individual must be informed in a clear manner that a refusal to disclose sensitive information will not result in disadvantages or penalties. Similarly, surveyed people must be informed of the purpose of the collection of personal, sensitive information, in order to make a more informed decision on whether to respond or not.