Rebecca -
I can't offer a solution, but I would start by asking what, in business terms, the processing is for? It sounds as though you may have a wide collection of information where only very specific instances actually lead to an action by you, and therefore your processing may indeed be difficult to justify.
Interested to see what answer people who actually know something about it (unlike me) come up with.
Ben
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Rebecca Daniells
Sent: 27 September 2017 11:30
To: [log in to unmask]
Subject: [data-protection] DP Bill Schedule 1 and Student Conviction Declarations
Hi All
For those of you that have digested the DP Bill and survived..
I am trying to establish the lawful conditions that would apply for our processing of student conviction declarations that UCAS collect and pass on to us and wondered what the thoughts of the group are?
As far as I can deduce (and this may not be that far!) -
Schedule 1 Part 1 provides for conditions that relate to processing required 'under social protection laws' (1 (1))
I am unsure what these may be.
Schedule 1 Part 2 provides for conditions that relate to processing required to 'exercise statutory functions' (6 (2) (c)), 'prevent unlawful acts' (8 (1) ) or exercise 'protective functions', including 'unfitness or incompetence' (9 (2) (b) ) -
I am unsure if any legislation we are subject to (Education Act or similar?) could apply to the first, and perhaps the last could relate to those whose studies involve fitness to practice assessments, but unlikely to for those that do not?
Schedule 1 Part 3 provides for conditions that relate to processing required to 'protect vital interests' (23 (a) )
This relies on evidence that consent could not be obtained - I'm not sure this would have the necessary weight to it/meet thresholds to justify use, even if that were the case.
Consent would not seem appropriate to me as students can not freely withdraw this or choose not to declare on their UCAS form as far as I know?
Has anyone come to any conclusions on this as yet?
Thanks
Becky
Reading
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