Update 2 | ‘Big brother data rules’ fuel concern

The Association of Parents of Children in Church Schools has expressed concern about the a legal notice giving the education minister the right to obtain personal data on students in educational institution, calling into question the wide powers.

Education minister Evarist Bartolo has insisted that the legal notice, which collects all students’ data relating to age, sex, ability, educational attainments and other data of the persons to whom they relate, “is for research purposes”.

But the APCCS has insisted that the term “research purposes” is not otherwise better defined and that it can be potentially interpreted very widely.

“Contrary to normal practice when research in the field is carried out, the Legal Notice does not give room to consent to or any possibility to opt-out to the persons concerned and their relatives.

“There are no indications as to the correct use of this information and data, the assurance of anonimity, the ethical considerations involved, and other important parameters that need to be seriously considered. Statistical research does not necessarily require the use of personally identifiable data that is protected by law,” APCCS secretary Denise Bezzina said.

The APCCS also said that the legal notice makes it an offence to people who do not comply with a request under the rules.

“This could potentially violate both the right of privacy and also the autonomy of Church schools. The Legal Notice does not provide for any checks and balances for the use of this power. We hope this legal notice will be repealed in order to ensure the protection of data and information of all students in Malta and their relatives, and that control on how personal and sensitive data can be used is ensured.

PN statement

In a meeting with student representatives from various institutions, Opposition leader Simon Busuttil today also called on Bartolo to amend or remove the legal notice, which he described as the stuff of “Big Brother state laws”.

“It’s unacceptable to have the education minister giving himself ‘extraordinary powers’ to spy on our children who attend any state school. If it was truly for research purposes, the information requested would not have been identifiable since the minister would be in possession of identity card numbers,” Busuttil said. 

The Opposition leader underlined the lack of anonymity for students raised serious questions about the legal notice and that the rules breached the fundamental right to personal data protection. 

“The Opposition is ready to accept the government’s call for discussion as long as these basic principles of data protection are respected.”

Busuttil met student reps from the University of Malta, MCAST and Junior College, accompanied by MPs Joe Cassar and Robert Cutajar in a meeting that continued behind closed doors.

The PN’s newly established branch, Equal Opportunities Forum, has joined the chorus of disapproval against the legal notice, insisting that it is “fundamentally wrong”.

“Our biggest concern is that the minister is being given powers to access information on particular students, placing himself above the law,” the forum said.

It argued that “serious researchers” were questioning the true purpose behind accessing such information since researchers themselves to their utmost to respect confidentiality.

“Parents have to understand the consequences of all this. Accessing an identity card number leads to the whole history of an individual. This matter worsens since this is about students who are the most vulnerable.”

The legal notice, the forum said, also placed schools with their backs against the wall as they are obliged by law not to divulge confidential information about their students.

“This proposal goes against EU directives that stipulate that it’s up to the parents to give consensus for information about their children to be issued.”