Data Protection - a key issue in education

Colleges and universities have been dealing with the requirements of the Data Protection Act 1998 for many years, but as the role of technology within education expands, it is becoming more and more important that institutions, staff, and students understand their rights and responsibilities in relation to personal data.

The Act regulates what data can be held and how it can be stored, processed and used. Educational institutions are ‘data controllers’ and as such have a number of requirements to meet in order to comply with the Act. For example, they must ‘notify’ the Information Commissioner’s Office about what information they are processing, and should keep this information up to date.
 
Recently, one of the main data protection issues in education has revolved around the taking of photos and videos in schools, but the FE and HE sectors have their own data protections issues. For example, student unions and student representatives may be processing personal information, bringing them under the regulation of the Act. Research undertaken by students as part of their courses may contain information about individuals and this also need to be considered with regards to data protection. The potential for the increased use of biometric data (for example fingerprinting) as a method of accessing resources is also a concern for the future.

Staff and Students have the right to access personal information that is held about them. Requests need to be made in writing and institutions will usually be entitled to make a charge (maximum of £10) for retrieving and providing this information.

If institutions, staff or students want further information about data protection the Information Commissioner’s website  is a useful starting point. For help with data protection policies, access requests or other issues contact Burnetts’ employment law team on 01228 552222.

Burnetts provides nationally recognized, specialist legal advice to schools, colleges, universities and other education providers.