The most recent resolution of the CRPD points to the risk of exposure of personal information of the students in the sites of the schools. Although recognizing that "the Internet facilitates the collection, the crossing, and the aggregation of personal data, as performed by search engines", the regulator stresses that these data may motivate discrimination, taking into account that they convey information about private life of the student and his family.
"If the data of any natural person deserve legal protection, guaranteed from the outset in the plan constitutional, it should be especially enhanced when in question are children and young people", sentencia the CRPD, referring to the legal status granted to them in the Charter of the United Nations on the Rights of the Child, the Convention 192 of the Council of Europe and the Charter of Fundamental Rights of the European Union.
Taking in consideration that the holders of the data in question are mostly minors, the commission states that the institution must obtain the consent to the publication of private data together with those responsible for education.
THE CNPD believes that the disclosure of the ratings on the internet, in an open network, puts into question the privacy of the students and that do not have any legal basis. In the opinion of the entity, these data should only be revealed online if they are located in areas protected by means of secure authentication and limiting that grant access only to the person in charge of the education of the student in question.
schools should ensure that they apply the technical measures of security necessary to ensure the protection and exclusivity of these data, according to the regulator.
they Are increasingly the schools that are using their institutional websites and social networks to disseminate photos and videos of students, for example, in extracurricular activities, or during any type of school event. The CNPD considers that these publications often allow them to identify students, which infringes the rights of privacy and image of the students.
To be exposed to the online world, these contents are capable of being reused for purposes other than those for which forms are created initially, and, according to the commission, that there is no need for the publication of these images and videos on the internet, nor any sense of obligation that take the schools to distribute these contents for the purpose of "fulfillment of the statutory duties or statutory".