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Do you know the implications of the Organic Law for minors?

Fran Grau

Fran Grau

Read time: 2 min

By Conversia | The Organic Law 8/2021, of June 4, on Comprehensive Protection of Children and Adolescents against Violence (LOPIVI), aims to ensure the protection of minors from any form of violence, preserving their physical, mental, psychological, and moral integrity. It also seeks to promote their free personality development by establishing comprehensive protection measures, including awareness, prevention, early detection, protection, and damage repair in all aspects of their lives.

Data Privacy and Protection in minors

Who is subject to compliance with LOPIVI?

This regulation applies to various fields, including administrative, family, and business sectors. LOPIVI affects all companies or entities that, in the course of their activities, interact with minors, whether in person, online, or through other means.

Examples of entities subject to LOPIVI include:

  • Educational centers: schools, high schools, universities, academies, etc.
  • Sports organizations: sports clubs, dance schools, etc.
  • Cultural institutions: leisure centers, play centers, libraries, etc.
  • Social services entities: shelters, care homes, etc.

Obligations for educational centers under LOPIVI

All educational centers must prepare a coexistence plan in accordance with Article 124 of Organic Law 2/2006, of May 3, on Education. This document must include:

  • Appointment of a Welfare and Protection Coordinator for Students: each educational center must have a designated figure responsible for ensuring students' welfare and protection. Their duties include:
  • Promoting action protocols for situations of violence.
  • Acting as a liaison between the school, families, and relevant authorities.
  • Immediately reporting any signs of unlawful processing of minors’ personal data to data protection agencies.

  • Implementation of anti-violence protocols:
    Schools must develop and implement clear protocols for detecting, reporting, and addressing cases of violence against minors.
  • Training for educational staff:
    Teaching and administrative staff must receive specific training on preventing, detecting, and responding to situations of child violence.
  • Protection of minors' personal data:
    Schools must safeguard the privacy of minors in the dissemination of images, videos, and other personal data. They must also establish measures to prevent the unauthorized disclosure of sensitive information, such as on social media or messaging apps.
  • Promotion of child participation:
    Schools should create spaces where minors can express their opinions and concerns, actively participating in the creation of a safe and respectful environment.
  • Encouraging responsible use of technology:
    Schools should educate and raise awareness among minors about responsible use of digital devices and platforms to prevent risks such as sextortion, the spread of sexual or violent content, and other cybercrimes.

These measures aim to ensure the comprehensive protection of children and adolescents from any form of violence, reinforcing the responsibility of educational institutions as safe and protective environments.

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