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If consent is withdrawn and then personal / sensitive personal data accordingly needs to be deleted (or anonymised?)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Perhaps you could retain personal data under a legitimate interests condition if consent is withdrawn, or special category data under 'defence of legal claims' if such are genuinely contemplated.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...
 
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Jake Smith
Information Governance Manager 
Citizens Advice


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
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From: This list is for those interested in Data Protection issues [mailto:data-protection@JISCMAIL.AC.UK] 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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