The Abu Dhabi Global Market (ADGM) has introduced the Data Protection Regulations (Substantial Public Interest Conditions) Rules 2025. These new rules, which amend the Data Protection Regulations 2021, are a significant development for the education sector in the UAE, providing greater clarity on how special categories of personal data can be processed.
Why This Matters for Education
The new rules are especially relevant to schools and other educational institutions. They clarify how to handle sensitive information about students and staff, known as “Special Categories of Personal Data,” without requiring explicit consent in certain situations where there’s a substantial public interest.
This is a crucial update for the education sector, which routinely handles sensitive data like health information, learning support needs, or data related to a child’s well-being.
The rules aim to strike a balance: they provide a legal basis for processing data necessary for the welfare of students while ensuring robust safeguards are in place. This is particularly important for protecting vulnerable individuals, a key focus of the new regulations.
Key Features and Their Impact on Schools
Here’s how the new rules will affect educational institutions:
- Protecting Children and Individuals at Risk: The most impactful change for education is the provision that allows for the processing of Special Categories of Personal Data without consent when it’s necessary to protect children or individuals at risk of emotional or physical harm. This gives schools the legal backing to share information with relevant authorities or professionals, such as social workers or psychologists, when a student’s safety is a concern.
- Clarifying “At Risk” Status: The rules define the criteria for when an individual aged 18 or over may be considered “at risk.” This provides a clear framework for universities and other higher education institutions to act in the best interest of their students, particularly in cases involving mental health or safety.
- Balancing Data Use with Protection: As H.E. Rashed Al Blooshi, CEO of the ADGM Registration Authority, said, “These new rules reinforce our commitment to protecting individuals, particularly the most vulnerable, while enabling responsible data use across sectors.” This statement highlights the core purpose of the new regulations: to enable schools to use data for critical purposes, such as safeguarding, while maintaining a strong protective framework.
For more information, you can read the Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data: