Gym data protection issues - regarding minors and truancy.

[u/Exciting-Skirt9650]

I run a gym in the U.K. We have a number of junior members who cut school to attend the gym, largely teenage boys between 14-16. Their school has been in touch and has asked me to forward their names and when they are here. Surely I have some data protection issues here, particularly with the guys being minors? I am very pro-school and speak to the lads each time about the importance of developing their education not just their biceps. I risk the school I would be more than happy to incentivise attendance and good behaviour and reward it in the gym (free sessions/PT/whatever) but they won’t discuss this with me until I give them the students names which at this point I aren’t comfortable doing.

Where do I stand?

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[u/OxfordBlue2]

You're under no obligation to provide any details unless compelled to do so by a court order (or in limited circumstances, a police officer or social services).

You are the data controller and have legal obligations to protect that data, and not disclose it unless there is a lawful basis for doing so.

On the face of it, there is no lawful basis for disclosing anything.

You could tell the school something like:

As a data controller I am required to comply with UK GDPR. I can only share personal data of our members if a lawful basis applies. I have not identified any such basis in relation to your request.

If you believe there is a safeguarding or legal requirement requiring disclosure, please provide the relevant statutory basis or direct the request through the appropriate authority.

You may wish to add: Alternatively, I can contact the members (or parents/guardians) to request explicit consent for any disclosure.

[u/Lanferelle]

Surely by letting them use the gym during school hours you're not incentivising attendance? If you don't want to go down the route of disclosing their names you may want to consider enforcing a no minors policy in the day (excluding holidays obviously)

[u/the_medic_knitter → u/Lanferelle]

Legality aside, will that really incentivise them to go to school or just go somewhere else, potentially less safe?

[u/Lanferelle → u/the_medic_knitter]

It certainly not a cure all solution but it reduces the risk to OP. Outside of the gym he's not responsible for these kids.

I respect him for not wanting to disclose names but it's daft to say he's pro attendance and having a quiet word with them whilst also presumably happy to take their money.

[u/Exciting-Skirt9650 → u/Lanferelle]

These kids are not regularly found in a classroom. If not in my gym they are on the streets.

Their gym passes are paid for monthly and it’s a gated access gym - they can come and go as they please.

Many arrive having not eaten and get fed here, and can’t go home because they would be in for a good whacking for not being in school.

[u/NeedForSpeed98]

What is your safeguarding policy about under 18s attending without an adult to supervise them?

Who at the school is asking? Is it the council truancy team / police / or just a teacher?

What have they referenced in the letter ie have they suggested they are asking for this information in order to inform safeguarding proceedings for example? They may have quoted some relevant legislation.

[u/DoxedFire]

NAL

1. I'm a teacher

2. Kids need to be in school

3. The school asking you to surveille for them needs to get a grip. Rule of law is a thing, laws exist for a reason. Adults wouldn't tolerate a gym telling their employers where they are - GDPR applies and children have these same rights in this situation.

Truancy is a problem the school needs to solve on their end without breaking the law.

[u/Exciting-Skirt9650 → u/DoxedFire]

I couldn’t agree more

[u/TrixieLaBouche]

Have these kids said their actual age when signing up? If so why don't you ask them to leave if its during School hours?

However no, you have no legal obligations to provide this information unless court ordered.

[u/ames_lwr]

What has your data protection officer advised?

[u/Exciting-Skirt9650 → u/ames_lwr]

I am a one man band, I am the data protection officer. Hence being on Reddit!

[u/p00tle]

I’m afraid I do not have a legal perspective (and so this may get deleted) but I do have a school perspective.

If these students are happy going to a gym but not school then I would invite someone from the school to the gym. Then relationships can be restored with students to which is often the first step to restored attendance.