Scotland’s universities collaborate on unprecedented approach to student data as part of ongoing commitment to tackle gender based violence
Scotland’s universities have announced a new common baseline approach to the collection and processing of personal student data relating to relevant unspent criminal convictions and relevant criminal charges. The data will be used to improve student safety from other students and is part of universities’ ongoing commitment to tackling gender based violence.
This announcement comes on the eve of the 16 Days of Activism Against Gender Based Violence in Scotland which runs from 25 November to Sunday 10 December 2023. The development responds to calls from campaigners, including Ms Ellie Wilson a former student and survivor of gender based violence.
This work represents 18 months of collaborative development across Scotland’s 19 universities and in partnership with stakeholders. In 2018, UK data protection legislation forced a change from the previous system, as run by admissions body UCAS, of collecting data on relevant unspent criminal convictions from students at the initial point of application. From then on, universities adopted their own, individual approaches guided by data privacy impact assessments, with most collecting data relating to relevant unspent criminal convictions and a minority of institutions working with data on criminal charges.
The adoption of a new, common baseline approach, announced today, will enhance the consistency, transparency and robustness of the use of data on a sector-wide basis compared to previous approaches. The data collection will:
- Be made mandatory by all institutions as part of a student’s initial entry to university, at the post-offer stage, as well as annually on re-enrolment.
- Asked of students at all levels of study including postgraduates.
- Include collection of data on relevant unspent criminal convictions and relevant criminal charges. This will include charges and convictions relating to violence and sexual violence offences.
- Be verified to remove false positives and then used as part of a risk assessment process to improve student safety from other students.
- Be focused and proportionate, and the process will be attentive to the needs of all students, including universities’ role in supporting rehabilitation.
Commenting on the development of this sector-wide approach to tackling gender based violence, Alastair Sim, Director of Universities Scotland, said:
“Scotland’s 19 universities have worked together to establish a robust legal basis for the consistent collection and processing of student personal data relating to relevant unspent criminal convictions and relevant criminal charges. On face value this is a complex data policy change for institutions, but it is motivated by student safety and universities’ ongoing work to prevent gender based violence on campus.
“Most institutions are already collecting some student data about relevant unspent criminal convictions; this project is significant because all of Scotland’s universities have taken the unprecedented step of moving, as one, into the collection and processing of data on relevant criminal charges on a consistent basis. In doing so, it responds to campaigners’ calls for greater consistency and transparency, while also addressing points raised by rehabilitation charities.
“Universities will make careful use of these data to assess if a student with relevant unspent convictions or charges poses a risk to the wider university community and take appropriate action to mitigate or eliminate that risk. This work has required careful navigation of data protection legislation, to ensure institutions are acting proportionately and by necessity. Universities have also sought to balance their commitment to student safety with their belief in access and the powerful role that education can play in the journey of rehabilitation. We have no wish to put up barriers to education where individuals pose no risk to others. Securing declarations of relevant unspent convictions and charges from offer holders, separate from the applications process is a key foundation, underpinning proportionality.
“We want to give credit to Ellie Wilson and Fiona Drouet of the Emily Test for their significant campaigning on this issue and for the bravery they both continue to show by channelling their lived experience into policy change that will benefit others.”
The next stage in development will be the production of guidance for institutions to support implementation and communication materials for prospective students and key stakeholders, to support wide understanding of the changes. Universities Scotland will ensure that stakeholders continue to be involved in the final stages of this work.
ENDS
Contacts:
Susannah Lane
Head of Public Affairs
Universities Scotland
M: 07715992908