Rights of pupils to process their data by schools

In this publication, parents of children going to school and clashes students will find answers to questions about the rights of students relating to the processing of their individual data by schools, and information on the parents' required consent. GDPR provides the protection of the individual data of pupils transferred to teachers and educators.

School as data admin

The controller of individual data, i.e. the entity liable for the purposes of processing data and ensuring their appropriate treatment, is simply a school. The school head acts as a representative, liable for complying with individual data protection obligations and bearing work in the event of irregularities.

Attention!

On issues relating to the protection of individual data, you can besides consult a data protection officer whose presence in public educational establishments is compulsory.

The contact details of the Data Protection Officer and another basic information on the processing of individual data should be communicated to the legal guardians of candidates for school and to adult candidates during the recruitment process. The information clause may be attached to the application form for admission to the facility, as well as made available on the school website or placed in a visible place. The processing of student data in schools usually involves straight carrying out tasks arising from educational regulations, specified as journals, evaluation sheets, issuing certificates, cards or conducting examinations.

The provisions governing the functioning of education and the accomplishment of the objectives of learning and educating pupils besides form the basis for the processing of the pupils afraid in the context of intellectual and pedagogical assistance, competitions and celebrations organised by the school. In these cases, the consent of a parent or an adult student to usage his individual data is not required. However, if guardians consider that the method of processing the student's data violates his welfare, they have the right to object. The publication of class photos, from school trips, competitions and recordings of various events related to the school's life frequently reaches the site's website or its profiles on social media.

In order for publications on the image and another individual data of students to be lawful, it is essential to get the consent of the pupil's legal guardian or student himself if he is of age. Consent should be expressed on a voluntary basis and mention to a circumstantial usage of data. The granted consent may be withdrawn at any time and its withdrawal shall entail an work for the school to remove published material. In addition to consent to the processing of data, the school should be allowed to disseminate the image of the student, in accordance with the copyright rules.

Attention!

The work to get approval to print the image of students, their achievements and artistic works does not apply to the inclusion of these materials on school boards.

School monitoring

Monitoring is simply a serious violation of the privacy of people whose behaviour and image are recorded, and the decision to usage it at school is very emotional for both students and teachers. Monitoring at school is allowed if it only serves to guarantee the safety of students and workers or to defend the property of the facility, and is essential to accomplish these objectives. This means that conventional surveillance measures are not sufficient.

The introduction of monitoring at the school requires the approval of the authority conducting the school and consultation with the pedagogical council, parents' council and student council. The monitoring rules are set out in the director's order, which should be announced 2 weeks before the cameras are launched. The monitoring area should be appropriately marked, with recording in classrooms, locker rooms, changing rooms, toilets, nurse's and school teacher's offices only permitted in peculiarly justified cases. In specified situations, it is essential to usage techniques that prevent the recognition of circumstantial persons in order to defend their privacy.

Attention!

Registered data may be stored no longer than 3 months after the date of recording and may only be utilized to guarantee the safety of persons and property in the school.

To whom you can share data

Information on the student may only be made available to its parents or legal guardians. In order for another household associate to have access to student data, it is essential to grant a separate authorisation. This includes both information on the results in science, provided during interviews, and data on the student's wellness in emergency situations. In situations requiring immediate intervention, the school may contact the student's guardians by telephone. Before providing information on the phone, the teacher should check whether the caller is authorized.

Protection of delicate data

Teachers and educators have access to quite a few information from the student's private life and guardians, including data subject to peculiar protection, specified as health, sexual orientation, political views, or spiritual beliefs of the students.

Contrary to popular belief, the rules on the protection of individual data do not make obstacles to the regular functioning of the facilities, but defend the privacy of students. It is so worth knowing the rights of students related to the processing of their individual data by the school to effectively defend their privacy.

Dear reader, we remind you that all legal matters in this substance we compose about can be complicated and frequently require the aid of a lawyer. It's worth discussing it with a lawyer before taking legal action.

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