The University relies on the following lawful bases from the UK GDPR to process information about you for the purposes set out in this notice:
Article 6(1)(b), which allows us to process personal data when it is necessary for the performance of a contract you are a party to or for steps taken prior to you entering into a contract. You enter into a contract with us when you accept an offer of a place (the student contract) and your application and our assessment of that application, which includes the assessment of any criminal convictions you declare, are the first steps to entering into that contract. Under your student contract, we deliver and administer your studies, administer finances, operate the University’s regulations, rules, procedures and codes of conduct, communicate with you and deliver facilities and services, among other things. We require you to provide any information we reasonably request for the purposes of your application, otherwise we cannot assess your application with a view to making an offer and putting in place your student contract.
Article 6(1)(c), which allows us to process personal data when it is necessary to comply with a legal obligation. We are legally required to provide some reports and statistics to external agencies, as well as monitoring compliance with laws relating to immigration (e.g. visas) and equality, among other things.
Article 6(1)(e), which allows us to process personal data where it is necessary to perform a task in the public interest. Research and teaching; some monitoring and internal reporting; auditing; and the provision of student support (including disability support) is carried out as part of our public tasks. We may also rely on this lawful basis to process personal data where it is necessary for the public tasks of other organisations, such as when we disclose information to third parties for surveys and research purposes which are not directly related to UCLan.
Article 6(1)(f), which allows us to process personal data where it is in our, or someone else’s, legitimate interests to do so and it does not unduly prejudice your rights and freedoms. We rely on this condition to, among other things:
- communicate marketing messages to you (unless you opt out). It is in the University’s legitimate interests to promote its services, courses and events to those who may be interested.
- deliver some services and facilities to you such as IT services, which you will be given access to prior to enrolment, once you have accepted an unconditional offer.
- produce some internal reports, research and statistics. It is in our legitimate interests to use these to evaluate, plan and assess how the University is operating and make any changes we think are appropriate and will benefit current and future applicants and students.
We also process some information only if you provide your consent, such as when you choose to declare a disability and request support prior to enrolment. In this case, Article 6(1)(a) applies, and Article 9(2)(a) applies where the information is special category data (special category data is information about your race, ethnic origin, political opinions, religious beliefs, trade union membership, genetic data, biometric data used for ID purposes, health, sex life or sexual orientation). It will be clear where we are relying on your consent to collect and use your information because consent will be requested at the time you provide the information. When you are asked for consent, we will explain why we are asking for the information and how we will use it if you choose to provide it. Consent can be withdrawn at any time and we will explain how you can do this in each individual case.
Where we process special category data and data about criminal convictions for the purposes set out in this notice, we rely on the following additional lawful bases from the UK GDPR and DPA:
Article 9(2)(g) UK GDPR, which allows us to process special category data if the processing is necessary in the substantial public interest and there is a basis to do so in law. The law which allows us to rely on Article 9(2)(g) is section 10 DPA by virtue of Schedule 1 DPA, which also provides the lawful basis for processing data about criminal convictions. The specific conditions from Schedule 1 DPA on which we rely for this type of processing are as follows:
- Schedule 1(6), which allows us to process special category data and/or data about criminal convictions to comply with a statutory or legal function. Such functions include the duties set out in the Equality Act 2010 and the requirement to comply with the registration conditions imposed on us by the Office for Students under the Higher Education and Research Act 2017.
- Schedule 1(8), which allows us to process special category data to monitor equality of opportunity or treatment.
- Schedule 1(10), which allows us to process special category data and/or data about criminal convictions to prevent or detect unlawful acts.
- Schedule 1(11), which allows us to process special category data and/or data about criminal convictions to carry out protective functions to protect members of the public against dishonesty, malpractice or other seriously improper conduct, or unfitness or incompetence. We rely on this to process information about the outcomes of your occupational health checks, DBS checks and other suitability checks required for regulated courses.
- Schedule 1(12), which allows us to process special category data and/or data about criminal convictions to comply with regulatory requirements which require us or another party to establish if you have been involved in dishonesty, malpractice or other seriously improper conduct. We rely on this to undertake DBS checks and other suitability checks for regulated courses to enable us to meet the regulatory requirements and good practice principles associated with your course.
- Schedule 1(18), which allows us to process special category data and/or data about criminal convictions to safeguard individuals at risk and children.
When processing special category data or data about criminal convictions in reliance on the above conditions from Schedule 1 DPA the University must have an appropriate policy document, which can be read here: Data Protection: Processing special category data and criminal convictions data.
Article 9(2)(j) UK GDPR, which allows us to process special category data for archiving, scientific or historical research purposes or statistical purposes, where there is a basis to do so in law. The law which allows us to rely on this basis is section 10 DPA by virtue of Schedule 1(4) DPA. We will also rely on Schedule 1(4) DPA if we process personal data relating to criminal convictions for archiving, research or statistical purposes.