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The Data Protection Act, 1988 and the Data Protection (Amendment) Act, 2003 safeguard the privacy rights of individuals with regard to personal data i.e. data relating to them which are held on computer files or in manual files which are structured or searchable by reference to individuals.
As schools keep records of personal data for students and staff, they must comply with data protection legislation and boards of management have a key role in ensuring implementation of effective policy and practice in this regard. An advisory notice was sent to schools by the Department of Education and Science in 2003 informing them of their obligations under the Data Protection Acts, 1988 and 2003 and advising that a written data protection policy should be put in place. The document A Guide for Data Controllers issued by the Data Protection Commissioner was sent to schools with this advisory notice.
From 1st October, 2007 schools which hold sensitive personal data on computer, are no longer obliged to register in accordance with the Acts.
Biometric data: The Office of the Data Protection Commissioner has prepared a guidance note, Biometrics in Schools, Colleges and other Educational Institutions, for educational institutions that may be considering the installation and use of a biometric system. The document is intended to encourage such institutions to fully consider if there is a need for a biometric system in the first place and then to assess the privacy impact of different systems.
Further information is available from www.dataprotection.ie.
The Office of the Data Protection Commissioner should be contacted (details below) where a school has any queries on data protection legislation.
The Office of the Data Protection Commissioner
Canal House
Station Road
Portarlington
Co. Laois
Locall 1890 252231
Phone 057 8684800
Fax 057 8684757
Email: info@dataprotection.ie
Note: At the time of writing, the terms of the Freedom of Information Acts (1997 and 2003) do not apply to schools.
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