Data Protection, Education & Rights Of The Child

“Jamaican citizens should know that they have a constitutional right to the privacy of their personal data and the Data Protection Act entitles them to determine whether and how their personal data is processed.”- Celia Barclay, Information Commissioner. In an era of social media frenzy and the proliferation of various social media platforms almost everyone has become a photojournalist. The abuse of personal data is oftentimes compromised even with the best of intentions. Unfortunately, no one asks permission anymore to take your picture; instead what we have is a culture that does not respect the privacy of others. The wanton disregard of one’s privacy has now crept into the education system. Is it fair to say that as servants of the data controller teachers are now expected to go beyond the normal? And if so, to what extent would this be in conflict with legislative frameworks that are in place to safeguard the privacy rights of the child. Even in instances where the faces of students are blurred the issue raises legal questions. As part of teacher evaluation many teachers are being asked to provide photographic evidence in their E-portfolios on the day of their evaluation. The fact is many teachers are unable to afford a smart phone that has camera capability. Nonetheless, those teachers who have smart phones should not be penalized for objecting to the use of their personal devices to capture any data concerning appraisal. The issue of data protection and the impact it has and will have on the education system continues to be shrouded in some amount of secrecy. Data protection takes into account images of individuals as personal identifiable data which must be protected or consent received from subject or person who has responsibility for the person. Data protection is becoming ever more important in today’s data-driven and digital society. Data protection in educational institutions is a must; however, the laws that govern data protection and the legal ramification must be understood. Many educators need to be sensitized regarding the likely legal implications of taking photographs of students without their permission.

Our students rights to privacy are protected by The Jamaican Constitution under section 13 subsection J (111): the right of everyone to- (1) Protection of privacy of other property and of communication; And the United Nations Convention on the Rights of the Child (UNCRC) under Article 16: Protection of privacy. Children have the right to protection from interference with privacy, family, home and correspondence, and from attacks on their character or reputation. The United Nations Convention on the Rights of the Child (UNCRC) is a legally-binding international agreement detailing the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities. Jamaica has been a signatory of the UNCRC since 1991. Additionally, it is imperative that as educators we become familiar with Jamaica’s Data Protection Act that was passed in June 2020; the Data Protection Act provides guidelines on how personal data should be handled in physical or electronic form. The full implementation of the Data Protection Act is scheduled for December 2023. Jamaica’s Data Protection Act sets requirements around all aspects of the processing of personal data including its collection, storage, and use and applies to individuals or entities that collect data in, or process personal data through Jamaica. Jamaica’s Data Protection Act, passed in 2020, established the Office of the Information Commissioner (OIC) to enforce data privacy rights outlined in the legislation. It is important that no teacher be placed in a situation where that teacher inadvertently violates the constitutional rights of any student. The issue of data protection and privacy particularly as it relates to the education system requires more robust discussion and information sharing. We need to pursue a culture where the right to informational privacy and adherence to the Data Protection Act are the foundation for sustainable development. Information Privacy means the right of an individual to have some control over who has access to his or her Personal Information and under what circumstances. Clearly, more information sharing from a policy perspective is urgently needed on this matter especially as the 2022/2023 academic year draws to an end. As educators we must be mindful that the proposed Jamaica Teaching Council is not yet enforceable. As a result teachers are still being regulated by The Education Act. The appraisal of teachers should not be used as a punitive measure; instead teacher appraisal should be an opportunity to scaffold the teacher and in so doing build the confidence and abilities of the staff. The visionary and transformative principal will use the appraisal of teachers in this light. Regrettably, many of us do not learn from the misstep of others. In this post COVID-19 era the education system is obviously operating in a new dispensation. School administrators should not wait until there is a lawsuit before aligning themselves on the right side of the law. Students have rights! As educators it is imperative that we thread carefully on the matter of data protection. Undoubtedly, while some policies are made with good intention this cannot be a defense when breaches of one’s constitutional rights occur. Wayne Campbell is an educator and social commentator with an interest in development policies as they affect culture and or gender issues. waykam@yahoo.com @WayneCamo © #dataprotection #rightsofthechild #education