Scotland’s universities have agreed on a new common baseline approach to the collection and processing of personal student data relating to relevant unspent criminal convictions and criminal charges.
Their representative body Universities Scotland said the data will be used to improve student safety from other students and is part of an ongoing commitment to tackling gender based violence.
The baseline approach is aimed at improving the consistency, transparency and robustness of the use of data on a sector-wide basis.
It will be mandatory for all institutions to collect the data as part of a student’s entry to university at the post-offer stage, as well as annually on re-enrolment, and will apply to students at all levels, including postgraduates.
It will include information on relevant unspent criminal convictions and relevant criminal charges, including charges and convictions relating to violence and sexual violence offences.
Verification stage
The data will be verified to remove false positives and then used as part of a risk assessment process to improve student safety from other students.
Universities Scotland the process will be focused and proportionate, paying attention to the needs of all students, and take account of supporting rehabilitation.
The announcement was made 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, in response to calls from campaigners.
It follows 18 months of collaborative development across Scotland’s 19 universities and in partnership with stakeholders.
Universities Scotland pointed out that 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 have adopted their own approaches guided by data privacy impact assessments, with most collecting data relating to relevant unspent criminal convictions and a minority working with data on criminal charges.
Use carefully
Alastair Sim, director of Universities Scotland, said: “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.”
The next step will be the production of guidance on communication materials for prospective students and key stakeholders, to support wide understanding of the changes.
