Data protection at school: photos and videos at school enrollment

Data protection at school: What parents and schools should bear in mind.
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School is starting again in the first federal states. For many pupils, it is their first day at primary or secondary school. And on this very special day, a lot is photographed and filmed on the school grounds. The state representative for Data protection and Freedom of Information North Rhine-Westphalia provides tips on how to deal with these recordings just in time for school enrollment.

School a special place for data protection

Data protection plays a particularly important role in schools, as pupils are subject to compulsory education. They are not free to decide whether or not to spend time there. It is therefore particularly important to protect pupils' personal rights - especially when it comes to Processing of image and video material. Schools must strike a balance between the legitimate interest in capturing special moments and the protection of pupils' personal rights.

"In concrete terms, this means that schools personal data of the pupils, insofar as this is necessary for the fulfillment of the tasks assigned to them. For Photos and films of pupils, however, it is expressly stipulated that they may only be processed on a voluntary basis. Image and sound recordings of lessons or other mandatory school events also require the Consent of the persons concerned. Students must also not suffer any disadvantages if they do not give their consent," explains Bettina Gayk, State Commissioner.

In North Rhine-Westphalia, the regulations can be found in Section 120 of the North Rhine-Westphalia School Act (Schulgesetz NRW - SchulG); Section 1 of the Processing authorized data of pupils and parents in accordance with I.1.13 of Annex 1 to VO-DV I.

State Commissioner for Data Protection gives specific tips for the first day at school

The state commissioner has a tip for schools for the day of school enrolment: "Schools can set up photo zones, for example, and ask relatives to use the photos for family purposes only." Photo zones are pre-determined areas on the school grounds. Photography or filming is only permitted in these areas. They have the advantage that those who do not wish to be photographed can simply avoid these areas.

Parents and the school are also on the safe side if other parents give them a Consent obtain permission. Schools should also definitely do this if they are planning to take pictures of the first day of school themselves and want to publish them on their homepage or in social networks. It is important to inform the pupils or their parents in detail about the intended use and further processing of the images.

Reading tip: Consumer advice center - TikTok, Meta, Amazon & Co. manipulate users for Consent

Effective declaration of consent for Photos and videos

So that the Consent is effective, schools and parents should consider the most important basics:

  • The data subjects must be informed about the entire data processing process before the recordings are made. The following are particularly important: the person responsible and the purpose for which the data is being processed.
  • The declaration of consent must also be given voluntarily and unequivocally. Silence or inactivity on the part of the data subject is sufficient for a Consent not enough.
  • Pupils who are not in the Processing consent, no disadvantages may arise from this.
  • Decisive for the Consent is the presentation of the pupil concerned. The state commissioner recommends at least informing the parents. As legal guardians, parents have the opportunity to influence the child if they believe that he or she has not fulfilled the Consent should refuse or revoke.
  • Even if no written form is required for the declaration of consent, it is advisable for evidentiary purposes alone to Consent in writing. Above all, the school must Consent can prove.
  • Schools should also check for each individual event the Consent obtain: Because in principle every Affected parties know who is processing the data, for what purpose and what the consequences of consent are - in relation to the specific case.
  • Finally, every pupil also has the right to withdraw the Consent revoked at any time. This also includes that the Affected parties is informed about this right and also where and how the Consent can be revoked.

 

For North Rhine-Westphalia, these requirements are set out in the GDPR and in the NRW School Act (Art. 4 No. 11, 7 GDPRSection 120 (2) sentences 3 to 5 SchulG).

Be careful when recording with private teacher cell phones

Another important issue is the use of teachers' private cell phones for work-related recordings. Such recordings should only be made on devices that are administered by the school in order to ensure data protection.

Parents or students can also issue student ID cards themselves. Photos contribute. However, if these are made during ongoing school operations, this is also a Consent required.

In summary, it is crucial for schools: In all situations in which Photos or videos are made of pupils, the data protection rights of those affected must be respected. This requires clear regulations, comprehensive information and obtaining consent. Schools should also ensure that every Consent is voluntary and informed and can be revoked at any time. This not only guarantees data protection, but also strengthens the trust of pupils and their parents in the responsible handling of their personal data.

Source: State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia

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