The day to day of teachers, students, parents, and other staff of the schools, often, collides with the Data Protection Act. There is sensitive information, whether the kid has any kind of allergy, or if he practices another religion other than Catholic (or none). But there are more.
Can end-of-course notes be posted on the bulletin board for all to see? Can you take photos and spread them on the school's intranet when your school celebrates Halloween? These are issues that can all be fulfilled in your school day to day. Now, the Spanish Data Protection Agency (AEPD) responds in its Guide to Educational Centers.
Within the questions and answers also emerges WhatsApp, always, of course, WhatsApp, given their popularity among kids. Let's see several assumptions.
Can your teacher access your mobile to watch your WhatsApp messages or any other application or social network? NO, except for exceptions.
The AEPD explains that accessing a smartphone, including its password, in the case of social networks, requires the consent of the parents in case the student is under 14 years, since "it is an access to personal data" .
"However, in situations where the public interest may be present, such as when the integrity of a student is jeopardized (cyberbullying, sexting, grooming or gender violence), the school could access such content without the consent of the interested parties, "the guide explains.
The same happens with the photos of the students and their diffusion in applications of messenger (WhatsApp or also Telegram, to quote another). No teacher can record images (videos or photos) of their students to share in those apps.
Parents and students know that the school or institute usually passes a document to them to authorize the use of photos of the children in extracurricular activities, parties, etc. But the limits mentioned above arise when these images are disseminated within these messaging applications.
More prohibitions. Imagine that a teacher wants to create a WhatsApp or Facebook group to share class material. Would it be permitted by the Data Protection Act? Well, in general, NO. And if it was a school competition it is recommended that in these groups are the parents.
"Communications between teachers and students must take place within the scope of the educational function and not be carried out through instant messaging applications. If specific communication channels were to be established, specific areas should be used on the intranet (...) or via e-mail, "explains the EDPS document.
And what about the famous WhatsApp groups where teachers, parents share messages? Are allowed?
"Exceptionally, and provided the parents' consent was available, it would be possible to create such groups. In any case, it would be preferable for the groups to be managed by the parents themselves (for example, through a delegate) and the incorporation into the group did not depend directly on the teachers, "the guide says.
The AEPD document also responds to other sensitive issues, from the type of data or information that the school can collect from the student, such as allergies, personal situations (separated parents, gender violence, scholarships, etc.), when necessary of enrollment, dining, extracurricular activities or entrance and exit of the center.
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