GDPR - Articles 9 and 10

[tommeiklejohn]

Hi all, It's interesting that while there is a slew of guidance with regard to the legality of processing information that is covered by article 6 of GDPR there is very little being said about processing of special categories of information (covered by article 9) or of information about criminality (covered by article 10). In Social Care the situation has been simplified by the addition of paragraph 9.2(h), which grants the same exemptions as health providers. Had this also been extended to the education sector then this would have made my life much easier. As it is, the only legal basis I can see under article 9 that applies is that of consent. This is relevant as even a person's ethnicity can count as special category as it can provide information about their racial origin, and that's before we get started on stuff like SEN and safeguarding. Where information is being shared with social care then paragraph 9.2(h) could be said to apply but would this be the case where the purpose for processing is purely for education?

[GrumbleDook]

There are some discussions on it but clearer advice is needed in the education sector.

 

When comparing against DPA the following article gives a good breakdown.

https://www.twobirds.com/~/media/pdfs/gdpr-pdfs/25--guide-to-the-gdpr--sensitive-data-and-lawful-processing.pdf?la=en

 

We are keeping an eye and will share advice we are given or find.