As it's hard to see another condition for special category processing does
the reluctance to use consent perhaps stem from the need to respect the
right to withdraw it?
If consent is withdrawn and then personal / sensitive personal data
accordingly needs to be deleted (or anonymised?) how can the data
controller defend a claim or show that their involvement with the student
wasn't in some way negligent, inappropriate or a missed safeguarding
opportunity etc? I would imagine that otherwise you would quite rightly
wish to retain these records, using a suitable justification, for your
chosen retention period.
Perhaps you could retain personal data under a legitimate interests
condition if consent is withdrawn, or special category data under 'defence
of legal claims' if such are genuinely contemplated. This still seems to
create a potential risk in being able to defend claims and the privacy
notice would be tricky to draft...
--
*Jake SmithInformation Governance Manager Citizens Advice
<http://www.citizensadvice.org.uk/>*
On 8 November 2017 at 13:03, Blyth, Victoria <[log in to unmask]>
wrote:
> Hi Bev
>
>
>
> I’m not in education but had a couple of thoughts. I would still consider
> consent a reasonable basis for processing. I don’t know what you mean by “issues
> in obtaining consent depending on circumstances”. That someone is too upset
> or fails to realise that without support they may fail the course? It is
> the student’s right to refuse permission for the mentor to share their
> information and I would think there would be harm done to the mentor/mentee
> relationship if they share information without permission. If you think
> of this from the other end, is your privacy notice for mentor meetings
> going to say “if you report any welfare issues to us we will share that
> information with those we think necessary without your permission”?
>
>
>
> Mentors should be given training to identify serious issues and vital
> interests would cover that angle in my opinion. For example, mentor reports
> to the welfare unit that student may be at risk of harming themselves.
> Otherwise, mentors should be trained to be empathetic and encouraging to
> students to show them the support that can be provided to them if they
> agree for mentors to discuss the student’s issues with tutors or the
> welfare team. There is of course a duty of care and I know you’re coming at
> this from that angle, but the majority of students are over 18 and failing
> a course or achieving a bad grade when they have specifically refused
> support from you (eg refused permission to share info with key teams) is
> their right and responsibility. That way it is less of “we know what’s best
> for you” and more “this is all the support we can provide to you if you let
> us, and we’d like to help”.
>
>
>
> If what is driving this is the mentors feeling uncomfortable about what
> they’re hearing and feeling they need to tell someone, then support can be
> provided to them to identify issues, or possibly to receive
> mentoring/counselling themselves (keeping the student details anonymous) if
> they need it.
>
>
>
>
> *Victoria Blyth Information Strategy Manager*
>
> *Information Management Team*
> London Borough of Barnet, North London Business Park, Oakleigh Road South,
> London N11 1NP
> Tel: 020 8359 2015
> please consider the environment - do you really need to print this email?
>
> Barnet’s Information Management Policies are available on the intranet
> here
> <https://employeeportal.lbbarnet.local/home/departments-and-services/central-services/information-management/information-management-policies/information-governance-policies.html>
> and council website here
> <https://barnet.gov.uk/citizen-home/council-and-democracy/policy-and-performance/information-management-policies.html>
>
>
>
> *From:* This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] *On Behalf Of *Buckley B.Y.
> *Sent:* 08 November 2017 08:27
> *To:* [log in to unmask]
> *Subject:* [data-protection] Legal Basis for Processing Welfare Issues
>
>
>
> Dear Members,
>
>
>
> I am after some advice as to what legal basis you use to process lower
> level welfare issues within Universities. I am talking about issues that
> may be raised by students to mentors for example during mentor meetings or
> over email. These issues more often than not contain sensitive personal
> data or special categories of data however may not be justified by the
> vital interests condition e.g. stress, home sickness, minor illness or
> injury, relationship problems. By processing I mean recording and then
> sharing the data with key teams across the University in order to provide
> the necessary support. We have established that consent is perhaps not the
> best condition to rely on due to issues in obtaining consent depending on
> circumstances. We obviously have a duty of care to our students but I am
> not sure if or how this fits into an article 9 condition. Has anyone got
> any advice they would be willing to share please?
>
>
>
> Thank you
>
> Bev
>
>
>
>
> *Bev Buckley *University Compliance Officer (Data Protection / Freedom of
> Information)| Swyddog Cydymffurfiaeth y Brifysgol (Diogelu Data / Rhyddid
> Gwybodaeth)
>
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*Jake Smith Information Governance Manager Citizens Advice
<http://www.citizensadvice.org.uk/>*
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