Hmmm, I am having a bit of a data protection geek out.
I’ve looked at the mermaids privacy policy, and they are relying on the grounds of legitimate interest in their processing of data, including sensitive data.
This is the language of the GDPR on legitimate interest:
”Processing shall be lawful only if and to the extent that at least one of the following applies:
(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
The ICO is pretty clear that they want legitimate interest very narrowly interpreted and it’s not a blanket permission for organisations to do whatever they fancy with your data because it’s good for their business. You also need to be very clear on exactly what the legitimate interest actually is, eg fraud prevention, fulfilment of contract etc. And they’re super clear that this must always be balanced against the rights of the data subject.
If any Mermaids parents are here, please try to look past the fact that you think we’re hateful bigots and get a data subject request in to mermaids. You MUST take the protection of your child’s data very seriously, and you really ought to make sure an organisation that you are placing such trust in has the protection of your child’s interests at the core of everything it does. Please hold them to the highest possible standards. They are playing fast and loose with every rule put in place to protect you and your child - demand better from them!