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AEPD publishes guidelines on obligations and responsibilities for the use of mobile devices in educational Centres

Ultimo aggiornamento del 16.10.2024 | Tempo di lettura ca. 3 minuti

The Guidelines were issued last September and are addressed to education administrations, school management teams, teachers and families.

The Guidelines state that in the present times the use of smartphones or tablets -often owned by students or their families- is frequent in the educational sphere. These devices can collect a lot of information and process it for a variety of purposes beyond the purely educational function, and therefore the data processing generated can seriously affect the rights and freedoms of pupils and their overall development.

In the early days, digital education involved the use of desktop computers in the classroom, under the administration of schools and education authorities, with direct teacher supervision for very specific activities, and with the use of locally run applications and services with minimal (if any) collection of personal data by the school itself and by third parties. Today, the situation has evolved enormously: devices such as mobile phones, laptops or tablets are often used instead of desktop computers.

In many cases, these devices belong to the students themselves or to their families, who do not manage the administration (in terms of privacy and security) of schools and education authorities. These digital devices process large volumes of personal data, hosted in the ‘cloud’, by various parties other than the school or education authority itself.

Many of the digital devices used in teaching integrate various functionalities that go beyond the strictly teaching activity, such as cameras, image catalogues, voice and video recorders, contact diaries, geolocation services, Internet gateways, access to social networks, personal data storage, word processors, multimedia data and content, communication services, etc. Digital devices in education process a lot of information without a clear separation between the strictly educational sphere and the private sphere of users.

The processing of personal data for educational purposes based on the use of digital devices and media must pass the suitability, necessity and proportionality tests, for according to the AEPD, this type of processing of personal data may seriously affect the fundamental rights and freedoms of pupils and their integral development as individuals.

An unlawful processing of personal data in the educational sphere, which deviates from the purpose for which they are collected, in addition to generating administrative liability for infringement of data protection regulations (liability attributable to the school or in general to the Educational Centre involved), may give rise to civil compensation for the material and non-material damages caused, for which the Centres and the educational administrations could be declared jointly and severally liable.

The most relevant thing, however, could be that in the said Guidelines and as one of the final Conclusions, the AEPD discourages the use of telephones and other mobile digital devices in educational Centers when other resources - more suitable for achieving the intended pedagogical purpose without putting privacy at risk - are available.

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