Safeguarding amendment to Data Protection Bill

[ianniow]

Just been passed this. I will leave you to decide on the ramifications.

For info

Please see the extracts below from NASS on the GDPR/safeguarding issue and related matters

5. GDPR – implications for schools

 

We were joined by Shulmans LLP who presented the key issues for schools and supported a discussion between members. Claire reported back on her meeting with DfE to discuss GDPR and Child Protection – essentially that as things stand, GDPR and child protection regulation appears to clash. DfE will work on some ‘myth busting’.

 

Post meeting update: Last week, an amendment was tabled on the Data protection Bill, to make this clearer. The amendment provides for a lawful ground for the processing of special category personal data – without consent if the circumstances justify it – where it is in the substantial public interest, and necessary for the purpose of:

 

(i) protecting an individual from neglect or physical, mental or emotional harm; or (ii) protecting the physical, mental or emotional well-being of an individual where that individual is a child or an adult at risk (as defined in the Bill, but consistent with the expected definitions of, respectively, under 18 or having needs for care and support, experiencing or at risk of neglect or any type of harm, and unable to protect themselves).

 

It should be stressed that the amendment still expects the possibility of obtaining consent from an individual to be considered (and in these circumstances it would have to be explicit). However, if in the circumstances the consent cannot be given, or the data controller cannot reasonably be expected to obtain it – notably because obtaining it would prejudice the safeguarding purpose (i.e. the protection of the individual) – then the ground applies. You can read more here: https://www.farrer.co.uk/News/Briefings/Breaking-news-safeguarding-amendment-to-Data-Protection-Bill-

NASS has also commissioned Shulmans to develop a new contract clause to bring paperwork in line with GDPR. Their assessment is that such a change will be necessary for those using the National Contract or their own contract paperwork. At the meeting we presented a draft clause – which we suggest could be used with the National Contract as a Schedule 6 amendment – and guidance notes and a draft schools GDPR assurance statement.

 

A couple of caveats:

 

1. NASS cannot mandate use of this clause – it is down to schools and LAs to agree between each other what is suitable contractual cover for GDPR. We offer this to try to make life simpler.

 

2. NASS made LAs we have contact details for aware of our plans to draft a new clause and have said we will make it freely available to them. However, we are aware that some LAs will seek their own paperwork. We would urge schools to be careful of signing LA paperwork without ensuring that it properly reflects the relationship between school and LA as data sharers, rather than one being the controller and the other being the processor.