Concern over database of pupils’ info

The Department of Education did not have the authority to collect much of the information gathered for a database of primary pupils, Data Protection Commissioner Helen Dixon’s office has found.

However, a statutory instrument to be introduced by Education Minister Jan O’Sullivan should make the primary online database (POD) compliant with data protection law, so data already collected would not need to be discarded.

An investigation by the office of the Data Protection Commissioner (DPC) took place after parents complained about the plan to share a range of data collected through schools.

It found that 2007 regulations setting out information that can be shared by schools or other bodies with a minister did not cover some that was sought from the country’s 3,300 primary schools.

The information includes children’s mother’s maiden name, date of enrolment; date of leaving; school or other destination on leaving. The indication of whether a child was receiving learning support, or whether they were enrolled in a special class, were also outside the regulations.

“An amending statutory instrument should have been signed before these data fields were included in POD,” a DPC spokesman told the Irish Examiner.

Ms Dixon’s office said an amending statutory instrument it has directed the department to introduce would, in time, cover data already collected and no disaggregation of data already shared would be proposed.

Simon McGarr, a parent and solicitor who complained about the POD, said the department should start with a clean slate by collecting only necessary, appropriate, and lawful data in September or in 2016.

“I’m not against relevant and pertinent data being collected and retained, but this plan has never met the requirements and the department’s insistence on denying problems instead of facing up to them has been dismaying,” he said.

The Department of Education said it was satisfied at all times that it had adequate legislative basis to collect all data sought for the POD. However, it agreed to amend the regulations to avoid any possible legal doubt following the investigation.

A department spokesperson said the proposed amendment is to be concluded in the coming weeks, and it is still intended that pupil numbers on the POD will be used as the basis on which each school will be funded from September 2016.

The DPC’s office told Mr McGarr it is “satisfied, in principle” that authority existed under the regulations for schools to share names, addresses, dates of birth, PPS numbers, and some of the POD data with the department. It said corrective action was already taken over concerns about plans to retain information until pupils reached the age of 30, which is now revised to each pupil’s 19th birthday.