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LATVIAN SUPERVISORY AUTHORITY: #DVI explains – “explanation on processing of personal data in an educational institution in order to provide face-to-face learning during Covid-19”

LATVIAN SUPERVISORY AUTHORITY: #DVI explains – “explanation on processing of personal data in an educational institution in order to provide face-to-face learning during Covid-19”

Monday 11 October 2021, in Latvia will enter into force the new regulation of the Council of Ministers n. 662 of 28 September 2021 “Epidemiological safety measures to limit the spread of Covid-19 infection” (the following – regulation n. 662), which sets out the epidemiological safety measures to be taken to limit the spread of Covid-19 infection, including the conditions of instruction and training process, also providing for testing of pupils.

The State Data Inspectorate has prepared an explanation for the parents of students on the processing of personal data carried out for the purpose of face-to-face learning procedure during Covid-19 in primary and secondary education.

From the beginning of the new school year 2021/2022, in order to ensure epidemiologically safe face-to-face instruction, the Council of Ministers has decided that the same instruction can be provided to all students who can present a valid interoperable vaccination or revaccination certificate (the following – Certificate) or have been tested for a possible Covid-19 infection.

The State Data Inspectorate explains that parents who have decided to act a compulsory instruction for their child have to respect the requirements established from the Regulation 662, in accordance with the procedures deliberated from the specific educational instruction.

The certificate

The parent is obliged to provide, upon request of the educational institution, true information about the fact that the pupil has a certificate. The regulation n. 662 requires that the holder, upon request of the responsible person of the educational institution, has to present the certificate or the certificate of proof and an identity document. However, if the pupil is 15 years old and does not have an identity card, he/she can present a student certificate.

It is necessary to note that the school institution can make arrangements for the teacher (or other responsible person) to check the certificate on a daily basis or periodically by drawing up a list of students to ensure that the certificate left to the person is valid in the future. The list should include the name of the holder and the fact that he/she holds a certificate.

Tests

If the student does not have a certificate, in order to ensure a timely exchange of information on the results of the Covid-19 test and an efficient organization of the testing procedure, the educational institution has the right to transfer to the laboratory of the National Computer System of the Institution the information about the student and his legal representatives (parents) in accordance with the data cover specified in the Regulation n. 662.

The State Data Inspectorate draws attention to the fact that this transfer of data to the school institution does not require a separate consent from the parents, because the right to process personal data for the school institution is laid down in the normative act.

Parents should ensure that the National Education Information System includes up-to-date and accurate information on the available communication channels. If necessary, parents can ask for correction of old or incorrect data.

It is important to mention that the educational institution has the right to process personal data in order to organize the testing procedure in the educational institution and to ensure the exchange of information obtained with the laboratory. Furthermore, laboratories are obliged by Regulation 662 to process personal data of the tested person in order to ensure the exchange of information about the test results with the educational institution, the adult person or the parents of the minor.

Parents have the right to lodge a complaint to the State Data Inspectorate in case of inappropriate processing of their child’s personal data, for example if:

  1. a parent has received information (evidence) from the controller (educational institution/laboratory) that their child’s test result has been sent/disseminated to an inappropriate recipient.
  2. The data of the parent’s/protector’s child has been shared to third parties due to inadequate protection of the information system;
  3. Inadequate protection of proofs and lists of persons holding Certificates, with the result of making them available to third parties.
  4. The educational institution has arbitrarily provided its email address or that of the representative for communication with the Laboratory about the test results of a private individual;
  5. The educational institution has arbitrarily provided its e-mail address or that of its representative for communication with the Laboratory about the test results of a particular student;
  6. The Educational Institution requests more information than necessary from parents in the context of testing that is not and cannot be necessary to meet the requirements of regulation no. 662.

Explanation on processing of personal data in an educational institution in order to provide face-to-face learning during Covid-19:

skaidrojums-par-personas-datu-apstradi-izglitibas-iestade-lai-nodrosinatu-klatienes-macibu-procesu-covid-19-laika_08102021

SOURCE: LATVIA DATA PROTECTION AUTHORITY

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