Privacy between schools and the “Guarantor for the protection of personal data”: an example of an information circular is attached

The topic of privacy comes fully into the school woods, because the “Guarantor for the protection of personal data” had the opportunity to emphasize, which focused several times on: processing of personal data; cameras; fees and canteen service; Questionnaire for research activities; grades, ballots, state exams; professional integration; plays and school trips; cell phones and tablets; Topics in the classroom

The clarification of the “Guarantor for the protection of personal data”

The “guarantor for the protection of personal data” has made clarifications several times on the correct application of the legislation on the protection of personal data, even in an environment such as the school, in which protection should be treated at the highest level, and the most cases, part of cases, very sensitive data of minors. This is to increase the awareness of the school community (of which not only ATA teachers and staff, but also students and families are part) of their rights and common duties.

Online registration and registers, electronic report card

While waiting to express the expected opinion on the implementation measures of the Ministry of Education on the online registration of students, the adoption of online registers and the consultation of reporting on the web, the “Guarantor for the protection of personal data ” ” Adoption of adequate security measures to protect data.

Votes, ballots, state exams

The evaluations of the class work and the investigation, the results of the ballots or state exams are publicly confirmed, if there was a need at all, the “guarantor for the protection of personal data”. The information about the academic performance is subject to a transparency regime and the system of its knowledge is established by the Ministry of Education. It is necessary, however, when publishing the votes of the ballots and the exams on the scoreboards, that the institute avoids, even indirectly, giving information about the health conditions of the students: the link to the “differentiated tests” which received by disabled students, for example, absolutely must not be used in the display boards, but must only be indicated in the certificate issued to the student.

The guide of the guarantor for the protection of personal data dedicated to the school

To this end, the guide of the guarantor for the protection of personal data dedicated to the school has been published on the MIUR website, which provides comprehensive answers to various common questions. The following are the main topics that you need to know and that Garant returned to several times.

Topics in the classroom

Regarding this issue, the “Guarantor for the protection of personal data” emphasized that “The teacher who assigns his students the development of topics in the classroom concerning their personal world does not harm privacy. On the other hand, it is in the sensitivity of the teacher, when the papers are read in class, to find the balance between didactic needs and the protection of confidentiality, especially when it comes to sensitive topics”.

performances and school trips

They do not violate privacy – underlines the “guarantor for the protection of personal data” – video footage and photos collected by parents during plays, trips and school activities. In these cases, the images are collected for personal purposes and intended for a family or friendship; in case you want to publish or distribute them online, including on social networks, you must obtain the consent of the people present in the videos or photos.

Fee and canteen service

The violation of that educational institution that publishes the name and families of students whose parents are late with the payment of school fees or the canteen service becomes serious. “The same is true – underlines the “guarantor for the protection of personal data” – for students who use the canteen service for free because they belong to families with a minimum income or to weak groups”.

Online notices

Online announcements – underlines the “guarantor for the protection of personal data” – must be of a general nature, while the communication addressed to the person must be of an individual nature. To ensure transparency in the management of school resources, the rules for access to administrative documents by the persons concerned remain valid.

Cameras and deletion of recorded images

In general, cameras can be installed in schools, but they only work during closing hours and their presence must be indicated with signs. If the film concerns the outside of the school, the angle of view of the cameras must be appropriately delimited. Recorded images should generally be deleted after 24 hours.

Professional placement

In order to facilitate orientation, training and professional integration, schools may, at the request of students, communicate and disseminate the personal data of children to private companies and public administrations.

Research activity with the collection of personal information

The research activity with the collection of personal information through questionnaires can be presented to students and is allowed only if the students and their parents have been informed beforehand about the objectives of the research, the methods of processing the related data and all security measures. adopted by the school. Students and parents – specifies the “guarantor for the protection of personal data” – must be left free not to join the initiative.

Cell phones in different consents

A more sensitive issue is the use of cell phones and smartphones at school and sometimes in classrooms. The “guarantor for the protection of personal data” emphasizes that such use is “generally allowed for strictly personal purposes, for example to record lessons, and always with respect for people”. But he reiterates, in a timely manner, that “it is still up to the schools to decide independently how to regulate or whether to completely ban the use of mobile phones. You may not distribute images, videos or photos on the Internet except with the consent of the people who were shot. It is good to remember that the dissemination of films and photos that harm the privacy and dignity of people can cause the student to face disciplinary and monetary sanctions or even commit real crimes.

The use of tablets and the instructions for use

“The same precautions – underlines the “guarantor for the protection of personal data” – must be provided for the use of tablets, if they are used for registration purposes and not only for educational purposes or for electronic books and online texts in class to consult

Treatment of personal data

The “guarantor for the protection of personal data” specifies that schools must inform families and children, through adequate information, of the data they collect and how they use it. Schools often use sensitive data in their daily activities – such as those regarding ethnic origins, religious beliefs, health status – even to provide simple services, such as the canteen. It is good to remember that schools must be very careful when dealing with these categories of news, in accordance with the regulation on sensitive data adopted by the Ministry of Education. Families and students have the right to know what information is being processed by the educational institution, to have it corrected if it is incorrect, incomplete or up-to-date.

The person responsible for the failure to fulfill the obligations provided for by the Legislative Decree no.196 / 2003 and the EU Regulation 2016/679

It should be noted that the owner (school manager) is always and in any case responsible for fulfilling the obligations stipulated by decree legislation no.196 / 2003 and EU regulation 2016/679. The responsibilities for not following the instructions of the owner and/or manager can also concern those responsible (teachers and non-teachers) who do not respect or do not take the necessary measures.

Information circuit

Attached is the circular of the teacher Prof. T. Chiara Pasquini with the topic “Vademecum on Data Processing (Privacy)”. This is an excellent document to inform all staff about the “legal processing of their data and guaranteed by adequate security measures”; it is also a brilliant way to convey the “operational measures that all staff must carefully respect, in addition to what is indicated in the appointment and the treatment register”.

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