Updated| Data collection rules for students violate constitutional rights – PN

Paula Mifsud Bonnici – Government asking for sensitive personal data without consent of the data subject and interfering in their private lives

Nationalist MP Paula Mifsud Bonnici has criticised the government for asking heads of school to disclose “very sensitive” data on individual students’ medical conditions. 

A legal notice passed by the education ministry granting wide-ranging powers to collect information on students has been criticised by the PN as being contrary to European and national data protection rules, and to the fundamental right to privacy, sparking an uproar upon its publication.

The letter sent to the DPC by the PN
The letter sent to the DPC by the PN
The letter sent to the DPC by the PN
The letter sent to the DPC by the PN

The government has said the data collection rules would help it in research to assist early school-leavers joining the workforce without skills.

“We have a government that is asking for sensitive personal data without the consent of the data subject, and which is interfering in their private lives,” Mifsud Bonnici said Mifsud, likening the government to a “Big Brother”.

Education minister Evarist Bartolo has strongly opposed this comparison in the past.

Mifsud Bonnici called on the government to explain why it needed this information. “The public is only being consulted now, when the collection of data is already in progress… the government must give an explanation of all the sensitive data on students it currently holds.”

Shadow education minister Joe Cassar explained the PN's proposals said it was necessary to have the definition of “student” legally clarified, and that legal clauses referring to the “best interest of the student” be determined by the Data Protection Commissioner, and not the education authorities.

“The Data Protection Commissioner is very open to our proposals,” Cassar said.