Special category data and criminal conviction data requires a higher level of protection under data protection laws. Where we process special category data, we will also ensure we are:
- permitted to do so under data protection laws: e.g. we have your explicit consent; and/or
- the processing is necessary to protect your (or someone else’s) vital interests where you are physically or legally incapable of giving consent; and/or
- the processing is necessary to establish or exercise or defend legal claims.
Sometimes there may be exceptional reasons for processing this data, for example when protecting your vital interests or for safeguarding purposes. In these circumstances it may be necessary to share data with third parties, even where the data has been provided in confidence (data in these instances would be subjected to minimisation, recipients of such data would be limited to those people or agencies able to assist). For example, where there is a serious risk to your health, data may need to be shared with the NHS or emergency services.
Listed below are some examples of processing activities that we regularly undertake in terms of special category data:
a. Health (including disabilities)
We will process data about your health where it is:
- necessary to make reasonable adjustments for disability and/or to monitor equal opportunities;
- in accordance with any of our contractual obligations, to protect our legitimate interests and/or to comply with legal obligations;
- a situation where we have asked for your explicit consent to process or share information about your health;
- where your and/or other people’s health and safety is at serious risk. In these instances, your health data may need to be shared whether or not you have provided your consent (data in these instances would be subjected to minimisation, recipients of such data would be limited to those people or agencies able to assist). Examples of such limited circumstances might be where you are at risk or causing serious harm to yourself or others or have tested positive for easily transmissible infectious illness (such as Covid-19).
b. Racial or ethnic origin, sexual orientation, and religion and beliefs
This data may be processed by us with your consent, in accordance with the terms of our contract with you, to protect our legitimate interests, in order to meet our statutory obligations under equality or other legislation and/or to comply with legal obligations relevant to any of our procedures, for example, investigating an allegation of racial discrimination. If the outcome of such a procedure is referred to a regulatory body, this processing will be subject to suitable safeguarding and is considered to meet a substantial public interest.
c. Criminal conduct (including convictions, proceedings or allegations)
Relevant criminal convictions data may be collected when you are applying for a course and are offered a place. For certain courses we are legally required to collect barring decision information. This will only be collected once you have applied for and been accepted on to such a course. We may also process data about criminal conduct while you are on a course. Processing of criminal conduct data may be carried out in accordance with the terms of our contract with you, in order to protect our legitimate interests and in order to meet our legal obligations. Any processing of this nature will be subject to suitable safeguards.
In order to process special category data we may need your explicit consent. In certain circumstances if you do not provide or if you withdraw your consent we may be unable to provide our Services to you. For example, where you require reasonable adjustments for examinations if we do not have your consent to process health data we cannot provided the service.
If at any time you want to vary your consent in relation to our processing of special category data you can do so via our consent portal at cp.qa.com.