Everything you need to know about online classes and privacy
Lessons via live streams: what is allowed and what is not allowed? The AOb gets a lot of questions about this. Legal policy officer Jim van Emden takes away a worry: recorded images may absolutely not be used for any other purpose than for conveying teaching material. So not for handling complaints or for performance reviews.
Image: Pixabay
According to privacy legislation, personal data - and so are online lessons - may only be collected and processed for a 'well-defined, explicitly described and justified' purpose. The employer must make it clear what the purpose of the streaming is. And that the images may not be used for anything else.
In my opinion, the door to abuse and manipulation is wide open
Strictly adhere to
De AOb insists that employers in education strictly comply with the GDPR - as the privacy legislation in Europe is called. Jim van Emden: “Teachers are really concerned. They email us almost every day.” For example, a history teacher asks if he can refuse streaming for privacy reasons. He writes: 'I think the door to abuse and manipulation is wide open. I believe my history lesson is a private gathering. It shouldn't be audible in my students' homes.'
Van Emden: “The employer must take all reasonable measures to prevent invasion of the privacy of students and employees. He must limit the duration and size of streaming as much as possible and keep data as short as possible. ” In a legal sense, online teaching means that personal data is processed. That processing must be justified. Van Emden: “Usually the employer will use the 'legitimate interest' for this. If this legitimate interest - in practice this is often the provision of education - outweighs your right to privacy, then an employer may in principle ask you to teach online. ”
Online teaching is only allowed if there is no reasonable alternative
Individual objection
Because of corona, this is happening often at the moment. Streaming lessons for students sitting at home is especially common. A teacher writes: “Cameras are installed on all laptops in the classroom. We as teachers are not happy about this. It feels unsafe to open a lesson just like that.” Van Emden explains that teachers can lodge an individual objection, provided that the employer has chosen the legitimate interest for justification. Van Emden: “If that is the case, it should be reconsidered whether the use of a camera is appropriate in your specific case.”
Staff and management can also work together to figure out how to achieve the goal of a lesson without distance learning. Van Emden: “A necessity requirement also applies to the processing of personal data. Teaching online is only allowed if there is no reasonable alternative. ”
Do you teach remotely? Then read these five tips:
Use a reliable tool
Preferably an app from a supplier contracted by the school. For inspiration you can go to the Selection guide for video calling apps of the Dutch Data Protection Authority and the website Lesopsence.nl.
Be wary of free tools
Usually these make commercial use of your personal data. Your educational institution is responsible for your personal data and must make agreements with the supplier of the tool to minimize the chance of a data breach. On Privacycovenant.nl you can check which suppliers use a model processor agreement that has been specially drawn up for schools.
Limit the invasion of privacy as much as possible
Choose a quiet place, blur the background and only make recordings when strictly necessary for the lesson. In principle, make sure that other students do not have to come into the picture, unless this is necessary for the educational purpose. Is there too much sensitive, personal information on the screen? Ask the student to turn the camera off or make sure you can turn the camera off to protect the student.
Ask your employer for good rules of conduct
And share it with students and parents. These rules may state, for example, that:
- no recordings are made of the lessons, let alone that they are distributed or shared;
- only the students are allowed to attend the lesson (and not the parents, carers, roommates);
- the regular rules of conduct also apply to distance learning.
Make sure you are well informed
If you have any concerns or objections, request the privacy protocol or privacy statement from your educational institution. You can also contact the data protection officer. This is someone who supervises the application and compliance of the GDPR within organizations. Every educational institution must have such an officer.
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