Child Protection Guidance 2021

National Guidance for Child Protection in Scotland 2021 Part 1: The context for child protection 32 Version 1.0 September 2021 For ‘special category data’ a higher or additional standard applies ‘Special category data’ Includes or concerns: racial or ethnic origin; health; sexual orientation; sex life; political opinions; religious or philosophical beliefs; trade union membership; genetic data; or biometric data (if this is being used for identification purposes). Higher standards for sharing special category data In order to lawfully process special category data, you must identify both a lawful basis under Article 6 of the UK GDPR and a separate condition for processing under Article 9. These do not have to be linked. You must determine your condition for processing special category data before you begin this processing under the UK GDPR, and you should document it. When special category data may be shared: examples Special category data can, for example, be shared to protect vital interests (i.e. necessary to protect someone’s life). It can also be shared for reasons of substantial public interest and if the additional conditions set out in paragraph 18 of schedule 1 of the Data Protection Act 2018 are met. This is when it is necessary to safeguard individuals or types of individuals at risk from neglect or physical, mental or emotional harm or in order to safeguard the physical, mental or emotional wellbeing of an individual, when the individual is under 18, or aged 18 or over and at risk: Data Protection Act 2018 ( Special category data may be shared without consent if it is necessary in the substantial public interest (which includes protecting the public or individuals or children at risk); and if in the circumstances, consent to the processing cannot be given by the individual; or if it is not reasonably possible to obtain the consent of the individual; or if obtaining the consent would prejudice the provision of necessary protection. ‘At risk’ Under the Data Protection Act 2018, a person over 18 years may be ‘at risk’ if they have needs for care and support; or are at risk of neglect, neglect or physical, mental or emotional harm, and as a result of those needs are unable to protect themselves against the neglect or harm or the risk of it: Data Protection Act 2018 ( The ICO provides further guidance on special category date. It should be noted that in many cases, an appropriate policy document will need to be in place in order to meet a UK Schedule 1 condition for data processing under the Data Protection Act 2018. Further guidance can be found on the ICO’s website: What are the conditions for processing? | ICO What are the substantial public interest conditions? | ICO Special category data | ICO