SORA Legislation

Processing of Sensitive Data

The processing of sensitive data (see table below) at Diaconia University of Applied Sciences (Diak) is based on the Universities of Applied Sciences Act (932/2014), Section 40, and the Data Protection Act (1050/2018), Sections 6–7.

“Information concerning the health of an applicant or a student, as referred to in Sections 27 and 34–36, may only be processed by persons who prepare or make decisions on student admissions, a revocation or reinstatement of the right to study, or disciplinary measures, or who provide statements on these matters.

Information concerning a student’s criminal record extract, as referred to in Section 33(2), may only be processed by persons who prepare or make decisions on the revocation of the right to study.

The university of applied sciences must define the tasks that involve the processing of sensitive data.”

At Diak, the right to process sensitive data always rests with the Rector and the Head of Education. In addition, processing rights may, depending on the case or situation, be granted to the persons listed in the table below.

Storage of Sensitive Data

The storage of sensitive data at Diaconia University of Applied Sciences (Diak) is based on the Universities of Applied Sciences Act (932/2014), Section 40.

“The university of applied sciences must store sensitive data separately from other personal data. Sensitive data must be deleted from the register immediately when there is no longer a statutory basis for its retention and, in any case, no later than four years after the data was entered into the register. The processing of personal data is subject to the General Data Protection Regulation (EU 2016/679) and the Data Protection Act (1050/2018), unless otherwise provided by this Act.”

Retention and Processing of Sensitive Documents

• Sensitive documents may be electronic or paper-based.
• Sensitive data is also confidential. Confidentiality is based on the Act on the Openness of Government Activities (621/1999), Section 24(1). The preparer must identify the legal basis and duration of the confidentiality.
• The preparer ensures that sensitive data is encrypted.
• The retention period for documents is specified in Diak’s Records Management Plan, which complies with current legislation.

Electronic Documents

• Sensitive data must not be entered into systems where it cannot be protected. For example, the case management system is suitable for processing sensitive data.
• The preparer restricts access rights concerning confidential documents to only those who need them.
• Sensitive data is generally not included in decisions so that decisions can remain public. If sensitive data must be included, it is placed in a confidential annexe.
• Any paper documents scanned into the system must be destroyed after uploading.
• After the retention period ends, a person with deletion rights shall destroy electronic documents in compliance with data protection requirements.

Paper Documents

• Electronic documents containing sensitive personal data should not be printed unless deemed to be necessary for the process. If printed and stored in paper form, the electronic version must be deleted after printing.
• Paper documents containing sensitive data must be stored in a locked cabinet. Access is limited to those authorised to process sensitive data.
• Persons responsible under the Records Management Plan shall ensure that data is destroyed in compliance with data protection requirements.

Right to Access and Disclose Sensitive Data

Universities of Applied Sciences Act (932/2014), Section 34:

“Notwithstanding confidentiality provisions, a university of applied sciences is obliged to provide the National Supervisory Authority for Welfare and Health with the information necessary for the performance of its statutory duties regarding any pending case referred to in Section 33 concerning the revocation of the right to study, as well as decisions on revocations or transfers to other education and the grounds for such decisions.”

Universities of Applied Sciences Act (932/2014), Section 35:

“Notwithstanding confidentiality provisions, a university of applied sciences is obliged to provide the National Supervisory Authority for Welfare and Health with the information necessary for the performance of its statutory duties regarding any decisions on reinstatement of the right to study and the grounds for such decisions.”

Universities of Applied Sciences Act (932/2014), Section 65:

“Information concerning a student’s health and functional capacity that is necessary for the performance of duties may, notwithstanding confidentiality provisions, be disclosed by the data holder to:

1. The Rector and other persons responsible for safety at the university of applied sciences in order to ensure study safety
2. Persons responsible for study guidance for directing the student to other studies and support services
3. Persons responsible for student health care to ensure the student’s health and safety and to guide them to necessary support measures
4. Persons responsible for practical training to ensure the safety of the student, staff, and clients at the training location
5. The police and the university representative primarily responsible for assessing a security threat, for an immediate threat assessment or if the student is deemed to be a danger to the safety of others based on a health assessment.”

Universities of Applied Sciences Act (932/2014), Section 65a:

“Notwithstanding confidentiality provisions, a university of applied sciences has the right to obtain, free of charge from the Finnish Immigration Service, the necessary information on the validity, basis, and type of a residence permit document and the status of its application for assessing tuition fee liability and planning education.
In addition, the university may, notwithstanding confidentiality provisions, on its own initiative provide the Finnish Immigration Service with information on suspected misuse related to entry and residence conditions concerning an applicant, student, or their family member as defined in the Aliens Act, provided that such information is necessary for the Immigration Service to perform its statutory duties under the Aliens Act, the Nationality Act (359/2003), or the Act on Conditions of Entry and Residence of Third-Country Nationals for Research, Studies, Training, and Voluntary Service (719/2018).”

At Diak, the person responsible for the matter may disclose information on the above grounds after first informing the Head of Education or the Rector.

Disclosure of Information Outside Diak

Disclosure of information to external parties (e.g., police, training location, student health care) is carried out as official outgoing mail from Diak, either via secure email or registered letter.

Confidential documents related to matters requiring a decision by the Board of Diaconia University of Applied Sciences Ltd are sent to board members as official outgoing mail via secure email or registered letter. Board members shall handle these documents as confidential and destroy them after a decision has been made in the meeting.

You can read about the disciplinary measures at Diak using your Diak login credentials.

Drug testing at Diaconia University of Applied Sciences

Students admitted to Diaconia University of Applied Sciences (Diak) must not have health conditions that prevent studies in their fields. Substance abuse (drugs, intoxicants and medicines) constitutes an impediment to studying at Diak.

Under section 36 of the Universities of Applied Sciences Act, Diak may require a student to present a drug test certificate if:

• there are justifiable grounds to suspect, on the basis of feedback from a teacher, a practical training supervisor or another reliable person, that the student is addicted to drugs, or is under the influence of drugs while carrying out practical training or while performing practical tasks relating to studies; and
• the testing is necessary for ascertaining the student’s functional capacity;
• the student perform tasks which require especial acuity, reliability, independent judgement or good reactions; and where
• working under the influence of drugs or drug addiction:

1) seriously endangers the student’s or some other person’s life or health;

2) seriously endangers traffic safety;

3) seriously endangers the protection or integrity of data protected by secrecy provisions; or

4) significantly increases the risk of illicit trafficking or distribution of drugs which are in the possession of the university of applied sciences, the education provider or the place of training.

Diak has a substance abuse prevention policy for students (link) that provides instructions for the prevention and identification of the adverse effects of drugs and alcohol as well as for intervention and referral for treatment.

Procedures

Drug testing may be initiated by a teacher, staff member or practical training supervisor based on observations made during studies. If a student is suspected of substance abuse, the matter should be discussed with them directly, where possible. If the prerequisites for drug testing are met, a student suspected of intoxication must be tested without delay. Drug testing takes place at the FSHS or FSHS service provider’s office.

The initiator fills in FSHS’s information transfer form, which is then signed by the director of education or the member of Diak staff responsible for handling the matter. The initiator shall inform the director of education of the situation by phone. If the director of education is unavailable, the initiator shall contact the head of education or the head of student services.

The staff member handling the matter shall inform FSHS immediately when a student has been obliged to provide a drug test certificate to ensure the test is taken as soon as possible.  The best way to do this is to have the student and the staff member call FSHS’s national phone number for assessing the need for care and agree on the method of delivery of the information transfer form to FSHS or its service provider. The student must prove their identity with a photo ID at the appointment and laboratory before testing. Alternatively, the student may be accompanied by a staff member who can verify the student’s identity.

The drug test is carried out by a healthcare professional. A positive test result must always be confirmed at a quality-controlled laboratory.

A staff member shall also report the situation prompting the drug test in the Falcony system. This must be done at the latest when the delivery method for the information transfer form has been decided. Only persons relevant to handling the matter are attached to the report. The report is processed confidentially.

The drug test certificate also includes a statement indicating whether the student has used narcotics for purposes other than medical treatment in a way which undermines their functional capacity. (Act on Universities of Applied Sciences 932/2014, section 36). The certificate shall be given to the student. Diak defrays the cost of the drug test certificate. The certificate shall be presented within a reasonable time frame (Act on Universities of Applied Sciences 932/2014, section 36). At Diak, the certificate shall be presented immediately after issue. The student shall present the certificate to the director of education or a person designated by them.

A refusal to present a drug test certificate may lead to disciplinary action (Act on Universities of Applied Sciences 932/2014, section 38) (see Disciplinary Measures at Diaconia University of Applied Sciences). A positive test result may lead to disciplinary action if the student has used drugs for other than medicinal purposes so that their functional capacity has been compromised (Act on Universities of Applied Sciences 932/2014, section 38) (see Disciplinary Measures at Diaconia University of Applied Sciences).

The director of education or a person designated by them shall contact the student’s student counsellor or guidance counsellor. They will offer the student support and, if necessary, refer them for treatment. Students are referred for treatment via FSHS according to the substance abuse programme of Diaconia University of Applied Sciences.

1. Introduction

The Diak substance abuse prevention program for students has been prepared by Diaconia University of Applied Sciences (Diak) to prevent problematic substance use among students, to facilitate early intervention, and to streamline referral to treatment. The program aims to promote students’ ability to study, as well as their health and well-being. The program is based on the Universities of Applied Sciences Act (2014/932). In drafting the program, guidelines from Unifi ry’s student substance abuse program and the Finnish Student Health Service (FSHS) have been utilized.

2. Preventing Problematic Substance Use

The university’s role in preventing problematic substance use among students is to promote study well-being and support students’ ability to study. Preventive work requires knowledge, early intervention, functional service structures, and community support.

An essential part of preventive action is early identification of problematic substance use and low-threshold support services, such as student health care and student welfare officers. In addition, clear operational models make it possible to express concerns and intervene in a constructive and respectful manner, as required by law.

Strengthening a substance-free culture also relies on community and participation. At Diak, community spirit is supported through group gatherings, where group advisors, study counselors, and students play a key role. Each student is assigned a personal study counselor, student welfare officer, and group advisor, who support the student throughout their studies. Students can confidentially discuss substance-related issues with them. If a staff member becomes concerned about excessive substance use, they will raise the issue privately with the student and refer them to the student welfare officer or study counselor.

Campus-specific student well-being groups promote student well-being as well as prevent substance use and related problems. These groups work in cooperation with FSHS representatives. Information about group members can be found on Diak’s website. Students can ask these members for advice regarding problematic substance use or related concerns. Referral to treatment is handled by the student welfare officer or study counselor.

Student union tutors introduce new students to university studies and provide peer support. They also encourage participation in student organization activities by organizing various events. Tutors influence the culture of substance use in student activities through their own behavior and attitudes. Tutors are aware of Diak’s rules regarding substances and the importance of referral to treatment. Diak promotes substance-free student activities.

Additional information on preventing problematic substance use and its effects can be found at:

• www.paihdelinkki.fi

• www.yths.fi (FSHS materials on health effects of substances)

• www.nyyti.fi (information on substances and addictions)

3. Identifying substance abuse problems

There are various signs that may cause concerns about substance abuse. Early indicators include challenges in life management and functioning, declining academic performance, and repeated short absences. Other signs may include concentration difficulties, fatigue, and lack of motivation. Mood swings, withdrawal, conflicts in group work, or social isolation can also raise concerns.

Harmful substance use may manifest as appearing intoxicated or hungover in study situations, smelling of alcohol, or other direct signs of substance use. These symptoms may also stem from other issues. If staff suspect a possible substance abuse problem, the matter must be addressed with the student immediately.

Students can always independently seek help from student health care for an assessment of treatment needs.

4. Addressing and intervening in substance abuse issues

Problematic substance use affects academic progress, which is why it is important to intervene as early as possible. The earlier the intervention, the less harm substance use causes. Anyone working at Diak or a fellow student can raise concerns about substance use.

If a student is worried about a peer’s substance use, it is important to discuss the matter privately with the peer and advise them to contact the student welfare officer, study counselor, or FSHS for a more detailed assessment. Concerns about a peer’s substance use can also be expressed confidentially to the student welfare officer or study counselor.

Staff members have an ethical obligation to address alarming substance use with the student as soon as possible. Ideally, the person who observed the issue—such as a teacher present during a class—should initiate the conversation.

In discussions between a staff member and a student, a confidential atmosphere is essential. The conversation must comply with confidentiality regulations. It is important to highlight concerns about the student’s substance use, its impact on studies, and the student’s well-being.

If substance use becomes evident during a lesson, elsewhere on campus, or in a work-related event or internship, the incident must be reported through the Falcony system. Examples include attending class intoxicated or hungover or being unable to participate due to substance use. Incidents that compromise patient safety must also be reported in Falcony.

Drug testing is regulated by the Universities of Applied Sciences Act (2014/932, Section 36). The process for drug testing is described in detail in the document Drug Testing at Diaconia University of Applied Sciences. The university may require a student to provide a drug test certificate if there is justified reason to suspect that the student is under the influence of drugs during practical tasks or internships related to studies, or if the student is suspected of drug addiction.

Situations involving problematic substance use are handled according to Diak’s rules of conduct, the document Disciplinary Measures at Diaconia University of Applied Sciences, and, if necessary, the document Drug Testing at Diaconia University of Applied Sciences.

5. Referral to treatment and care options

A student is referred to treatment if, in addition to preventive measures or discussions, they require care for confirmed problematic substance use. Both the student and concerned staff members can receive guidance on referral from Diak’s student well-being services.

The student is referred to FSHS for an assessment of treatment needs, after which FSHS assumes responsibility for care. Based on the assessment, FSHS creates a treatment plan, which may include referral to further care or treatment within FSHS’s services. FSHS provides primary-level care for substance abuse issues.

If the student’s condition requires urgent health care, they are referred to public health services. In such cases, FSHS still has the role of conducting a statutory assessment of study ability if substance use has significantly affected studies.

If substance use has clearly impacted academic performance, compromised safety, or seriously endangered the student’s health, or if the substance use is at an addiction level, a student health meeting is arranged.

The purpose of the student health meeting is to support the student’s health and study ability through multidisciplinary collaboration. The meeting can be initiated by the student or, with their consent, by Diak’s student well-being specialists or student health care staff. At Diak, student welfare officers primarily initiate these meetings.

If the meeting is initiated by student health care, the FSHS representative will contact the university with the student’s consent. Participants include the FSHS representative, the student, and a university representative.

To expedite referral to treatment, it is recommended that the student contact student health care for an assessment and treatment planning before the meeting. The content of these visits is confidential and will not be discussed in the student health meeting without the student’s consent.

In all cases, it is essential to ensure that the legal rights of those involved are not violated.

6. Studying during treatment

Studying during treatment depends on the student’s ability to study. Attendance and absence rules, sick leave practices, and degree regulations apply. The student will receive guidance and counseling from the study counselor or student welfare officer to plan their studies during the treatment.

7. Problematic substance use and disciplinary measures

In cases of problematic substance use, the university may apply the following disciplinary measures: remove the student from a class, deny participation in classes for up to three days, issue a written warning, or suspend the student for a fixed period. The university may also revoke the right to study in situations defined by the SORA legislation. Disciplinary measures are described in detail in the document Disciplinary Measures at Diaconia University of Applied Sciences.