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 Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia provides tips on how to deal with these recordings just in time for the start of school.
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 processing 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 are permitted to process pupils' personal data insofar as this is necessary to fulfill the tasks assigned to them. However, it is expressly stipulated that photos and films of pupils 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. Pupils must not suffer any disadvantages if they do not give their consent," explains Bettina Gayk, the state commissioner.
In North Rhine-Westphalia, the regulations can be found in Section 120 of the NRW School Act (Schulgesetz NRW - SchulG); Section 1 of the Ordinance on the Data of Pupils and Parents Authorized for Processing in conjunction 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 schools are also on the safe side if they obtain consent from other parents. Schools should also do this if they are planning to take photos of the first day of school themselves and want to publish them on their website or social networks. It is important to inform the pupils or their parents in detail about the intended use and further processing of the images.
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Effective declaration of consent for photos and videos
To ensure that consent is effective, schools and parents should observe the most important principles:
- 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 not sufficient for consent.
- Students who do not consent to the processing must not suffer any disadvantages as a result.
- The presentation of the pupil concerned is decisive for consent. The State Commissioner recommends at least informing the parents. As legal guardians, parents have the opportunity to influence the child if they believe that the child should refuse or withdraw consent.
- Even if no written form is required for the declaration of consent, it makes sense to obtain consent in writing for evidence purposes alone. Above all, the school must be able to provide proof of consent.
- Schools should also obtain consent for each individual event: This is because every data subject must know who is processing the data for what purpose and what the consequences of consent are - in relation to the specific case.
- Finally, every student also has the right to withdraw the consent already given at any time. This also includes informing the person concerned about this right and also where and how consent can be withdrawn.
For North Rhine-Westphalia, these requirements are regulated in the GDPR and in the NRW School Act (Art. 4 No. 11, 7 GDPR, Section 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 pupils can also contribute their own photos for the issue of school ID cards. However, if these are taken during school operations, consent is also required here.
In summary, it is crucial for schools: in all situations in which photos or videos are taken 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 any consent is voluntary and informed and can be withdrawn 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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