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Data Protection and Privacy in Education: key points for parents

Fran Grau

Fran Grau

Read time: 3 min

By Conversia | The start of the school year comes with doubts and concerns for parents, many of them related to privacy and data protection, especially when it comes to young children in early education. From the creation of WhatsApp groups to the use of children’s images, there are key regulations and recommendations that we should be aware of. In this article, we provide practical advice to better understand how to manage these aspects, always ensuring the safety and rights of children in the educational environment.

La protección de datos en el ámbito educativo

Parent groups on WhatsApp

Loved by some, useful for others. But is it necessary to be part of your child’s class WhatsApp group? It’s almost inevitable, even if we are reluctant, as it serves as an institutional, immediate, and efficient communication channel that allows the school and teachers to effectively communicate with parents. However, in terms of data protection, no one can be forced to join a group if they choose not to.

The Spanish Data Protection Agency (AEPD) has sanctioned several entities for adding someone to a WhatsApp group without first obtaining their consent. From the resolutions issued by the AEPD in similar cases, several violations can be identified. The first is related to the General Data Protection Regulation (GDPR) and Organic Law 3/2018 on Data Protection and Guarantee of Digital Rights, which establishes that “the processing of personal data requires the unequivocal consent of the affected person, unless otherwise provided by law.”

Failure to comply would constitute the infraction outlined in Article 44.3.b) of the LOPD as a serious violation:

  • Processing personal data without obtaining the consent of the affected individuals when it is required, in accordance with this law and its implementing regulations.
  • Disclosing personal data in violation of the duty of confidentiality.

To avoid committing these violations, the educational institution or educators must inform new members about the group’s creation and request their consent.

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Las escuelas y academias deben solicitar el consentimiento a los padres de los menores para el uso de sus imágenes en sus canales de comunicación

Use of children’s images in schools

Most educational institutions request parental consent at the beginning of the school year to take photos of children and use them for promotion on social media, communication channels, and more. Each parent must decide what to do in this regard. It is worth remembering that if the child is over 14 years old, they will make the decision themselves.

Parents should keep in mind that such consent is not a blank check, and the use of the child’s image must be limited to the purpose defined in the Education Law. In this regard, Organic Law 1/1996 on the Legal Protection of Minors states that the dissemination of information or the use of minors’ images or names in the media, which may constitute an illegitimate intrusion into their privacy, honor, or reputation, or go against their interests, will prompt the intervention of the Public Prosecutor’s Office. The office will immediately request protective measures as provided by law and seek compensation for damages caused.

Welfare coordinator in educational institutions

Organic Law 8/2021 on the Comprehensive Protection of Children and Adolescents Against Violence (LOPIVI) mandates that all educational institutions where minors are enrolled must have a Welfare and Protection Coordinator. This person will act under the supervision of the school’s principal or head. According to the AEPD, their duties include promoting immediate communication with data protection agencies in situations that may involve unlawful processing of minors’ personal data.

Use of technology

The common use of mobile devices among minors is increasingly leading to the dissemination—often illegitimate—of personal data through social networks and other websites. It is not uncommon for the recording and sharing of sexual or violent content to become one of the tools most used in bullying cases, including within schools.

In this context, the Spanish Data Protection Agency provides a tool called the Priority Channel to report the unauthorized publication of sexual or violent content online and request its urgent removal.

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